Bad Camp Tender:

From Lemos v. Madden, et al, 28 Wyo. 1 (1921)

BLUME, J.

For the sake of brevity, the plaintiff in error will be referred to as plaintiff or appellant, and the defendants in error as defendants or appellees. The appellant, plaintiff below, a demurrer to the original petition by him filed having been sustained, filed an amended petition alleging, in substance: That defendants Madden and Graham were owners of a band of sheep, located near Moneta, Fremont county; defendant Murray being in charge of the sheep as camp-mover and agent; that on November 4, 1916. Murray, as such agent, hired plaintiff to take charge of the sheep as herder; that it is the duty of a camp mover to provide fuel for the herder at his camp, sufficient to protect from the cold and to cook meals, and to see that all provisions and things necessary for the comfort and protection of the herder are furnished; that the duty of the owners is to provide a competent camp mover, and to see that the herder provides the things above mentioned; that it is the further duty of the camp mover to visit the sheep camp once in every three or four days, and see that everything for the comfort and safety of the herder is provided; that in case of storm he must immediately go to the sheep camp to render such assistance as may be necessary to the herder, and see that the herder is provided for and protected, and that the sheep are cared for; that the duties mentioned were the duties of the owners and camp mover, respectively, in this case; that defendants well knew that plaintiff himself could not furnish the things mentioned; that all said duties are well established by custom of long usage in the business of raising sheep on the range of Wyoming and other states; that on November 10, 1916, a severe storm arose, and the weather became severely cold; that plaintiff was compelled to herd his flock at night to keep them from straying away and becoming lost; that defendants had wholly failed to provide the necessary fuel; that all the fuel available was used up in the early part of the night; that plaintiff became so overcome with cold and the effects of the storm, and, having no fuel with which to keep up the fire, was compelled to go to bed to keep from freezing, and his flock strayed away before morning; that the following morning the storm was still raging and the weather severely cold; and no fuel at the camp to cook breakfast; that plaintiff started after his flock, relying on defendants coming to his aid, as he had a right to expect and it was their duty to do ; that it was late in the day before he got his flock gathered, and he was unable to get back to his camp that night, but was compelled to stay out all night, and only reached help late the day following, when he found the camp of one Evans; that plaintiff’s feet were severely frozen; that he was helped by Evans and taken to Shoshoni for treatment; that during this time Murray was drunk at Shoshoni; that plaintiff acted with care; that his injuries were sustained by the careless, willful, and negligent acts of defendants; that he is 51 years of age, and can never permanently recover from his injuries; that said Murray had had a habit for years of getting drunk and neglecting his duties to the knowledge of said owners, but of which plaintiff did not know. He asks damages of $10,000. A demurrer to the amended petition on the ground that it failed to state facts sufficient to constitute a cause of action was sustained; and, plaintiff standing on said amended petition, judgment was entered for defendants. The case is here on petition in error.

Jeepers, that is one bad camp tender.