State Codes and Statutes
Statutes > Missouri > T17 > C272 > 272_030Owners of stock liable for damages--stock may be taken up.
272.030. If any horses, cattle or other stock shall breakover or through any lawful fence, as defined in section 272.020,and by so doing obtain access to, or do trespass upon, thepremises of another, the owner of such animal shall, for thefirst trespass, make reparation to the party injured for the truevalue of the damages sustained, to be recovered with costs beforea circuit or associate circuit judge, and for any subsequenttrespass the party injured may put up said animal or animals andtake good care of the same and immediately notify the owner, whoshall pay to taker-up the amount of the damages sustained, andsuch compensation as shall be reasonable for the taking up andkeeping of such animals, before he shall be allowed to remove thesame, and if the owner and taker-up cannot agree upon the amountof the damages and compensation, either party may institute anaction in circuit court as in other civil cases. If the ownerrecover, he shall recover his costs and any damages he may havesustained, and the court shall issue an order requiring thetaker-up to deliver to him the animals. If the taker-up recover,the judgment shall be a lien upon the animals taken up, and inaddition to a general judgment and execution, he shall have aspecial execution against such animals to pay the judgmentrendered, and costs.
(RSMo 1939 § 14571, A.L. 1945 p. 917, A.L. 1978 H.B. 1634)Prior revisions: 1929 § 12908; 1919 § 5513; 1909 § 6456
Effective 1-2-79
