54-401. Estrays, trespassing animals; damages; liability.
The owners of cattle, horses, mules, swine, sheep, and goats in this state are liable for all damages done by such stock upon the lands of another in this state as provided by section 54-402 if the damages to the lands are not the result of negligent or willful damage to the division fence by the person claiming damages to the land.
Source
Annotations
1. Persons liable
2. Lien
3. Remedies
4. Miscellaneous
1. Persons liable
Joint owners of herd are liable jointly. Wilson v. White, 77 Neb. 351, 109 N.W. 367 (1906).
Mortgagee, without possession, is not owner within meaning of statute. Goff v. Byers Bros. & Co., 70 Neb. 1, 96 N.W. 1037 (1903).
The term owners is construed to include depasturer. Laflin v. Svoboda, 37 Neb. 368, 55 N.W. 1049 (1893).
2. Lien
Owner of land damaged by trespassing stock has lien thereon for damages done and for care and feed while impounded. Angus Cattle Co. v. McLeod, 98 Neb. 108, 152 N.W. 322 (1915).
3. Remedies
Negligence of plaintiff in maintenance of division fence immaterial in action for damages by livestock upon cultivated lands. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).
Action for damages by stock ranging at large upon uncultivated land will not lie, but driving of animals thereon is actionable wrong. Meyers v. Menter, 63 Neb. 427, 88 N.W. 662 (1902).
Remedy herein is not exclusive, and common-law liability is not abrogated. Lorance v. Hillyer, 57 Neb. 266, 77 N.W. 755 (1898).
Injunction will lie to restrain threatened trespass of stock. State Bank of Nebraska of Seward v. Rohren, 55 Neb. 223, 75 N.W. 543 (1898).
Where owner drives his stock upon unenclosed and uncultivated lands of another he is liable for trespass. Delaney v. Errickson, 11 Neb. 533, 10 N.W. 451 (1881).
4. Miscellaneous
The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).
A fenced pasture planted to wheat grass and not surrounded by a plowed strip constitutes "cultivated lands" for purposes of this statute. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).
Section is not applicable to uncultivated, unenclosed wild prairie lands of state. Delaney v. Errickson, 10 Neb. 492, 6 N.W. 600 (1880).
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