Livestock at large in livestock districts
Source:
Section 607.045 — Livestock at large in livestock districts, https://www.oregonlegislature.gov/bills_laws/ors/ors607.html.
Notes of Decisions
Where defendants’ cattle ran at large on oat fields plaintiff leased from defendant and caused damage to oat crop, plaintiff proved facts sufficient to sustain action under this section and oat fields were “lands of another” within meaning of this section. Sprague v. Magruder Farms Inc., 40 Or App 331, 594 P2d 1324 (1979)
Showing of simple negligence, rather than criminal negligence, is sufficient to support civil liability for injuries arising out of violation of this statute. Schwerdt v. Myers, 64 Or App 677, 669 P2d 1147 (1983), aff’d 297 Or 273, 683 P2d 547 (1984)
Violation of this statute occurs and damages can be recovered under ORS 607.044 if animal is permitted to escape onto property which is in livestock district, regardless of whether escape originated or culpable conduct giving rise to it also took place in livestock district. Schwerdt v. Myers, 64 Or App 677, 669 P2d 1147 (1983), aff’d 297 Or 273, 683 P2d 547 (1984)
Allegation that defendant acted with criminal negligence in permitting horse to run at large upon land of another within livestock district is sufficient to withstand demurrer. State v. Kelso, 70 Or App 393, 689 P2d 1307 (1984)
Where plaintiff’s vehicle was damaged in collision with cow on public highway, this section did not establish basis for statutory liability but plaintiff could assert claim for common law negligence. Dunlap v. Dickson, 307 Or 175, 765 P2d 203 (1988)
Where defendant convicted for criminal negligence in permitting his livestock to run at large on land of another in livestock district and criminal complaint filed for violation of this statute requires signature of district attorney, lack of signature is inconsequential and not reversible error because prosecution of case to guilty verdict shows complaint not frivolous. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied
Law Review Citations
8 WLJ 183-198, 203 (1972)
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