Northumberland farmer fined after teacher Marian Clode killed by cow on family walk

A farming company must pay more than £100,000 after a teacher was trampled to death by a cow on a walk in Northumberland.

Marian Clode was on holiday with her family in 2016 when a cow attacked her three times.

The 61-year-old died at the Royal Victoria Infirmary in Newcastle three days later from spinal injuries.

JM Nixon & Son, which runs Swinhoe Farm, Belford, admitted failing to ensure the safety of persons, other than employees, by exposing them to risks to their safety from the movement of cattle, at Newcastle Crown Court on Wednesday 13 December.

At the same court, on Friday 15 December, the firm was fined £72,500 and ordered to pay £34,700 in costs, plus a victim surcharge of several hundred pounds.

Tom Gent, for the business, said assets would have to be sold to make the payment and Judge Tim Gittins granted them 12 months to pay.

Mrs Clode was staying on the farm and had been walking on a public right of way to St Cuthbert's Cave with her husband, daughter, son-in-law and two grandchildren.

Farmer Alistair Nixon was moving his herd of beef cattle from winter quarters to summer grazing when a group of about 15 cows and calves escaped out of sight, the court heard.

Mr Nixon, who had earlier checked the path was clear, did not immediately follow them, thinking they would stop to graze or come back for their calves.

The judge said the cattle approached the family "at speed", adding: “Mrs Clode was simply not in a position to take any evasive action when one of the cows turned on her and repeatedly attacked her in the distressing way described by those witnessing it.

“Others had to take what emergency steps they could, children being lifted at speed over fences, others catching themselves on the barbed wire as they sought shelter from the stampeding cattle.”

The judge described the incident as a "salutary lesson" for farmers of the necessity to plan and then review that plan when moving livestock "however usually docile" they may be.

The farm has been in the Nixon family since 1939 and there had been no previous safety concerns, the court heard.

The business has now changed its cattle movement practices and there have been no incidents since Mrs Clode's death.

In a statement, Mrs Clode's family said: “Marian lost her life because of JM Nixon and Son’s failure to implement even the most basic safe systems of work.

“Marian’s death was completely avoidable, which makes coming to terms with our loss even more difficult. 

"She was dearly loved and still so sadly missed.”

Health and safety inspector Jonathan Willis told ITV News Tyne Tees the death could have been avoided.

"All that needed to happen was to have a sign at the other end of the bridlepath informing members of the public that there were going to be cattle moving along that bridlepath that day", he said. "Even to have a person there to stop them from travelling down that path.

"Simple, inexpensive measures would have prevented this incident from happening".

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