TITLE 25

ANIMALS

CHAPTER 28

DOGS

25-2806.  Liability for livestock and poultry killed by dogs. The owner, possessor, or harborer of any dog or animal that kills, worries, or wounds any livestock and poultry which are raised and kept in captivity for domestic or commercial purposes, is liable to the owner of the same for the damages and costs of suit, to be recovered before any court of competent jurisdiction:

1.  In the prosecution of actions under the provisions of this section it is not necessary for the plaintiff to show that the owner, possessor, or harborer of such dog or other animal had knowledge of the fact that such dog or other animal would kill or wound livestock or poultry which are raised and kept in captivity for domestic or commercial purposes.

2.  Any person, on finding any dog, not on the premises of its owner or possessor, worrying, wounding, or killing any livestock or poultry which are raised and kept in captivity for domestic or commercial purposes, may, at the time of so finding said dog, kill the same, and the owners thereof can sustain no action for damages against any person so killing such dog.

History:

[(25-2806) 1866, p. 104, sec. 4; R.S., sec. 1205; reen. R.C. & C.L., sec. 1220; C.S., sec. 1911; I.C.A., sec. 24-2406; am. 1947, ch. 170, sec. 1, p. 427; am. 1955, ch. 200, sec. 3, p. 429.]