Sec. 47-55. Damage by animals.
Sec. 47-55. Damage by animals. 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.)
See chapter 436 re impoundment of animals generally.
Where fence is sufficient: Who are the "owners" of cattle within the statute. 6 C. 532; 16 C. 204. Under first part of
this statute no action lies unless the 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. Id., 129. History of legislation re fences. Id. Statute held inapplicable
in action for damages due to vicious bull. 79 C. 271. What cases are covered by this 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 the statute. 124 C. 695.