54-304 Male animal running at large; liability of owner. - Nebraska Statutes

54-304. Male animal running at large; liability of owner.The owner of any stallion, jack, bull, buck, or boar shall restrain the same, and any person may take possession of any such animal running at large in the county in which such person resides, or in which he or she occupies or uses real estate. He or she shall give notice thereof to the sheriff or any constable in the county in which such animal is taken, who shall give notice to the owner of such animal, if known to him or her, by delivering a written notice to the owner, or leaving the same at his or her usual place of abode, giving a description of the animal so taken. If such owner does not appear within ten days after such notice to claim his or her property and pay costs and damages if any, then the sheriff or constable shall sell the animal so taken, at public auction to the highest bidder for cash, having given twenty days' notice of the time and place of sale, with a description of the property, by posting such notice in three public places in the township or precinct in which such animal was found at large. Out of the proceeds of such sale he or she shall pay all costs and any damages done by such animal, to be ascertained and determined by him or her, and the sheriff or constable shall pay the remainder, if any, into the county treasury for the use of the county. If legal proof is made to the county board by the owner of such animal of a right thereto at any time within one year of the sale, the county board shall order the proper amount to be paid to the owner by its warrant drawn for that purpose. If the owner, or any person for him or her, on or before the day of sale shall pay the costs thus far made and all damages, to be determined by the sheriff or constable if the parties cannot agree, and make satisfactory proof of ownership, the sheriff or constable shall release the animal to him or her. This remedy shall not be construed as a bar to any suit for damages sustained and not covered by the proceeds of the sale as hereinbefore provided. SourceLaws 1879, § 4, p. 68; Laws 1901, c. 3, § 1, p. 45; R.S.1913, § 99; C.S.1922, § 107; C.S.1929, § 54-304; R.S.1943, § 54-304; Laws 1996, LB 299, § 25. 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).The duty imposed by this statute, unlike that of § 54-401, RRS1943, is not restricted to cultivated lands. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).