270.010. Domestic animals restrained from running at large. - Missouri Statutes

Domestic animals restrained from running at large.

270.010. It shall be unlawful for the owner of any animal oranimals of the species of horse, mule, ass, cattle, swine, sheepor goat, in this state, to permit the same to run at largeoutside the enclosure of the owner of such stock, and if any ofthe species of domestic animals aforesaid be found running atlarge, outside the enclosure of the owner, it shall be lawful forany person, and it is hereby made the duty of the sheriff orother officer having police powers, on his own view, or whennotified by any other person that any of such stock is so runningat large, to restrain the same forthwith, and such person orofficer shall, within three days, give notice thereof to theowner, if known, in writing, stating therein the amount ofcompensation for feeding and keeping such animal or animals anddamages claimed, and thereupon the owner shall pay the person, orofficer, taking up such animal or animals a reasonablecompensation for the taking up, keeping and feeding such animal,or animals, and shall also pay all persons damaged by reason ofsuch animals running at large, the actual damages sustained byhim or them; provided, that said owner shall not be responsiblefor any accident on a public road or highway if he establishesthe fact that the said animal or animals were outside theenclosure through no fault or negligence of the owner. If theowner of such stock be not known, or if notified and fails tomake compensation for the taking up, feeding and keeping ofanimals taken up under the provisions of this chapter, the sameshall be deemed strays, and shall be dealt with in the samemanner as required by law with respect to such property asstrays, under the stray law. Any failure or refusal on the partof such officer to discharge the duties required of him by thissection shall render him liable on his bond to any person damagedby such failure or refusal, which damages may be sued for andrecovered in any court of competent jurisdiction.

(RSMo 1939 § 14463, A.L. 1945 p. 103)

Prior revisions: 1929 § 12797; 1919 § 4275; 1909 § 772

(1954) Verdict directing instruction in suit for damages arising out of collision of automobile and horse where stock law was in effect, which directed a finding of negligence against defendant, if his horse was found loose and unattended on highway and authorized recovery if collision caused injury, was erroneous. Anderson v. Glasscock (A.), 271 S.W.2d 243.

(1958) Instructions in suit for damages where motor vehicle struck cattle which were illegally on highway approved. King v. Furry (A.), 317 S.W.2d 690.

(1961) Plaintiff was injured when the vehicle which he was driving collided with a hog on the highway. The fact that the hog was on the highway created an inference of negligence on the part of the owner of the animal. Keefer v. Hartzier (A.), 351 S.W.2d 479.

(1965) Motorist made submissible case of negligence of defendant in allowing steer to run loose on road when defendant admitted that gate post in pasture was loose, that bottom of gate was pushed open and it was possible for a calf to squeeze through, and that a steer was "hopping a little bit" the next morning and was butchered. Cox v. Moore (A.), 394 S.W.2d 65.