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29-402. Domestic animals breaking into enclosure. If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic animals, shall break into any enclosure, and the owner or occupant thereof shall consider himself aggrieved thereby, such person may apply to the fence viewers of the township in which such enclosure may be situate, having first given at least one day's notice, in writing, to the owner or keeper of such trespassing animal, if known to him, or by leaving a written notice at the place of abode of such person, of his intended application, and also of the time when the fence viewers will attend to examine the fence and investigate the subject of damages; and the said fence viewers shall forthwith repair to the place where such injury shall have been done, and there diligently examine the fence over or through which such trespassing animal shall have broken or entered into any such enclosure.

History: G.S. 1868, ch. 40, ยง 27; October 31; R.S. 1923, 29-402.

Law Review and Bar Journal References:

"The Kansas Law of Livestock Trespass," Robert C. Casad, 10 K.L.R. 55 (1961).

CASE ANNOTATIONS

1. Parties may by contract provide for settlement of damage claims. Berry v. Carter, 19 K. 135.

2. Injured party may sue for damage without applying to viewers. Prather v. Reeve, 23 K. 627, 629.

3. Owner of stock not liable where fence is insufficient. Fillmore v. Booth, 29 K. 134.

4. Damages not recoverable where injured person neglects division fence. McAfee v. Walker, 82 K. 182, 107 P. 637.

5. Damage action; bull escaped through fence killing another; petition sufficient against demurrer. Bates v. Alliston, 186 K. 548, 550, 352 P.2d 16.


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