WILLIAM AND MARGARET ADAMSON t/a JOHN ADAMSON & SONS v. PROCURATOR FISCAL, LANARK

[2] After a trial at Lanark Sheriff Court on 8, 9, 15, 18 and 24 June 1999, the Temporary Sheriff (J. McA. Penman) on 6 July found the appellants guilty as libelled. He imposed a fine of �2,500 on the first appellant and admonished the second appellant. He found the following facts admitted or proved:

"1. That between 1st March and 8th June 1998 the Appellants were partners and were trading as John Adamson and Son, at Swaites Farm, Pettinain, Lanark.

That on 8th June 1998, Mr. Wilson Cowan was an employee of West of Scotland Water Authority, and his duties included the collection and testing on-site of a water sample, collected by him from the water-sampling point...

situated on the grass verge of the public highway adjacent to the boundary fence and gate at the area known as School Field, which formed part of the Appellants' farm.

that bulls in general are dangerous and unpredictable animals. Bulls, including dairy bulls, are commonly kept outside to run with heifers. This is done to facilitate breeding. Such bulls have a natural tendency to be protective of their herd, and are curious or wary about any potential threat. Common protective behaviour by such bulls may include stamping or pawing the ground and bellowing or snorting. Some bulls may ordinarily make more noise than others. Bulls may make more noise when strangers are present than in the presence of persons known to them, such as farm workers.