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).