Nebraska § 74-604 - Failure to fence; injury to livestock; liability.
Full text of Nebraska Revised Statutes of Nebraska § 74-604 — Failure to fence; injury to livestock; liability., with citation guidance and answers to common questions.
§ 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.
In 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).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 74-604
What does Revised Statutes of Nebraska § 74-604 cover?
Section 74-604 ("Failure to fence; injury to livestock; liability.") 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 § 74-604?
A common citation format is "Revised Statutes of Nebraska § 74-604" (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 § 74-604 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.