Nebraska § 54-402 - Trespassing animals; damages; lien.
Full text of Nebraska Revised Statutes of Nebraska § 54-402 — Trespassing animals; damages; lien., with citation guidance and answers to common questions.
§ 54-402. Trespassing animals; damages; lien.
All damages to property so committed by such stock running at large shall be paid by the owners of such stock; and the person, whose property is so damaged thereby, may have a lien upon such trespassing animals for the full amount of damages and costs, and may enforce the collection of the same by the proper civil action.
The 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).
Burden of restraining domestic animals is upon owner and ordinarily no excuse for failure to restrain them is recognized. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).
Lien includes value of feed and care, together with damages to land. Angus Cattle Co. v. McLeod, 98 Neb. 108, 152 N.W. 322 (1915).
Remedy afforded not exclusive. Object of statute was to give one injured right to possession of trespassing animals, lien thereon, and right to hold animals until damages were adjusted. Lorance v. Hillyer, 57 Neb. 266, 77 N.W. 755 (1898).
Lien attaches to stock trespassing on cultivated lands within cities of metropolitan class. Lingonner v. Ambler, 44 Neb. 316, 62 N.W. 486 (1895).
Damages may be recovered by owner of unenclosed land, but he has no lien on stock. Brown v. Sylvester, 37 Neb. 870, 56 N.W. 709 (1893).
Waiving of lien by surrender of possession of cattle does not prevent person injured from maintaining action for damages. Laflin v. Svoboda, 37 Neb. 368, 55 N.W. 1049 (1893).
Remedy for trespass provided herein is cumulative and not exclusive. Keith & Barton v. Tilford, 12 Neb. 271, 11 N.W. 315 (1882).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 54-402
What does Revised Statutes of Nebraska § 54-402 cover?
Section 54-402 ("Trespassing animals; damages; lien.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 54-402?
A common citation format is "Revised Statutes of Nebraska § 54-402" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 54-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.