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

Nebraska Statutes

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

Nebraska § 39-307

Ch. 39Highways and Bridges

This text of Nebraska § 39-307 (Barbed wire fence along highway without guards; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 39-307 (2026).

Text

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.

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Legislative History

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).