State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-305

54-305. Cattle drover; duty to prevent trespassing animals.Any person owning or having charge of any drove of cattle, horses or sheep, numbering one head or more, who shall drive the same into or through any county of Nebraska of which the owner is not a resident, or landowner, or stock grower, and when the land in said county is occupied, it shall be the duty of such owner or person in charge of such horses, cattle or sheep to prevent the same from mixing with the cattle, horses or sheep belonging to the occupiers. The owner shall also prevent the drove from trespassing on such land as may be the property of the actual occupier, or may be held by him under a preemption, or a leasehold right, and used by him for the grazing of animals, growing hay or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops. SourceLaws 1879, § 5, p. 68; R.S.1913, § 100; C.S.1922, § 108; C.S.1929, § 54-305; R.S.1943, § 54-305.AnnotationsThe 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).