All damage done within enclosures by cattle, horses, asses, mules, sheep, swine or goats, when the fence is sufficient, shall be paid by the owner of the animals. No person shall recover for damage done within his enclosure by reason of the insufficiency of his fence, unless done by animals at large contrary to law, or by unruly cattle that are not restrained by ordinary fences; or unless the owner of animals puts them into or voluntarily trespasses on such enclosure; or unless they entered through a part of the fence which was sufficient; in all of which cases the owner of the land may impound them and recover poundage and damages.

(1949 Rev., S. 7164.)

Where fence is sufficient: Who are the “owners” of cattle within statute. 6 C. 532; 16 C. 204. Under first part of statute, no action lies unless fence is sufficient. 14 C. 295, 296. Otherwise where cattle are unruly. 16 C. 206. Where fence is insufficient: A defense of insufficient fence may be met by evidence that cattle were unruly. Id. Cattle entering through insufficient fence may be impounded. 32 C. 221. Terms “sufficient fence” and “ordinary fence”, construed. 37 C. 126, 127. No obligation to fence against unruly cattle; history of legislation re fences. Id., 129. Statute held inapplicable in action for damages due to vicious bull. 79 C. 271. What cases are covered by statute. 94 C. 549; 96 C. 662. Evidence held to show cattle at large on highway and unruly. 94 C. 550. Plaintiff who was not the owner of the land had no rights under statute. 124 C. 695.