39-307. Barbed wire fence along highway without guards; penalty.

Any person who builds a barbed wire fence across or in any plain traveled road or track in common use, either public or private, without first putting up sufficient guards to prevent either human or beast from running into the fence shall be guilty of a Class V misdemeanor and shall be liable for all damages that may accrue to the party damaged by reason of such barbed wire fence.

Source:Laws 1885, c. 77, §§ 1, 2, p. 317; R.S.1913, § 3031; C.S.1922, § 2782; C.S.1929, § 39-1017; R.S.1943, § 39-705; R.S.1943, (1988), § 39-705; Laws 1993, LB 370, § 31.

Annotations

Obstruction of road by barbed wire fence is negligence and renders person placing it there liable for injury, in absence of contributory negligence. Vanderveer v. Moran, 79 Neb. 431, 112 N.W. 581 (1907).

Information for violation of section must allege that road was in common use. Gilbert v. State, 78 Neb. 636, 111 N.W. 377 (1907).

Liability for injury to stock by fence in road is discussed. Floaten v. Ferrell, 24 Neb. 347, 38 N.W. 732 (1888).