74-604 Failure to fence; injury to livestock; liability. - Nebraska Statutes

74-604. Failure to fence; injury to livestock; liability.Any railroad which fails to fence on both sides of its right-of-way against all livestock running at large at all points shall be absolutely liable to the owner of any livestock injured or killed by the railroad's agents or the agents of any other railroad which runs over and upon such right-of-way. SourceLaws 1867, § 2, p. 89; R.S.1913, § 6036; C.S.1922, § 5397; C.S.1929, § 74-602; R.S.1943, § 74-604; Laws 1994, LB 414, § 16. AnnotationsIn an action to recover the value of animals killed on the railroad company's track by reason of the company's failure to maintain the required fence, the question of the owner's negligence in permitting the stock to run at large is not to be considered. Chicago, B. & Q. R.R. Co. v. Sims, 17 Neb. 691, 24 N.W. 388 (1885).Under this statute, a railroad company failing to fence its track at a point where it is required to fence is liable for stock killed or injured on its track by its engines or cars and the mere negligence of the owner of the stock is no defense. Burlington & M. R. R. v. Franzen, 15 Neb. 365, 18 N.W. 511 (1884).Where the railroad company failed to fence its track, the question of negligence of the owner of stock killed or injured on the right-of-way is not to be considered in an action for damages brought under this and the preceding section. Burlington & M. R. R. Co. v. Brinkman, 14 Neb. 70, 15 N.W. 197 (1883).Where it was stipulated that the stock owner's animals were at large without his fault and that they were killed without any negligence on the part of the railroad company, other than may be inferred from the neglect to fence the right-of-way, the owner was entitled to recover the value of the animals. Union P. Ry. Co. v. High, 14 Neb. 14, 14 N.W. 547 (1883).