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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 270 Animals Restrained from Running at Large
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It shall be unlawful for the owner of any animal or animals of
the species of horse, mule, ass, cattle, swine, sheep or goat, in this
state, to permit the same to run at large outside the enclosure of the
owner of such stock, and if any of the species of domestic animals
aforesaid be found running at large, outside the enclosure of the owner,
it shall be lawful for any person, and it is hereby made the duty of the
sheriff or other officer having police powers, on his own view, or when
notified by any other person that any of such stock is so running at
large, to restrain the same forthwith, and such person or officer shall,
within three days, give notice thereof to the owner, if known, in
writing, stating therein the amount of compensation for feeding and
keeping such animal or animals and damages claimed, and thereupon the
owner shall pay the person, or officer, taking up such animal or animals
a reasonable compensation for the taking up, keeping and feeding such
animal, or animals, and shall also pay all persons damaged by reason of
such animals running at large, the actual damages sustained by him or
them; provided, that said owner shall not be responsible for any accident
on a public road or highway if he establishes the fact that the said
animal or animals were outside the enclosure through no fault or
negligence of the owner. If the owner of such stock be not known, or if
notified and fails to make compensation for the taking up, feeding and
keeping of animals taken up under the provisions of this chapter, the
same shall be deemed strays, and shall be dealt with in the same manner
as required by law with respect to such property as strays, under the
stray law. Any failure or refusal on the part of such officer to
discharge the duties required of him by this section shall render him
liable on his bond to any person damaged by such failure or refusal,
which damages may be sued for and recovered in any court of competent
jurisdiction. (RSMo 1939 § 14463, A.L. 1945 p. 103)
Prior revisions: 1929 § 12797; 1919 § 4275; 1909 § 772
(1954) Verdict directing instruction in suit for damages arising out of
collision of automobile and horse where stock law was in effect, which
directed a finding of negligence against defendant, if his horse was
found loose and unattended on highway and authorized recovery if
collision caused injury, was erroneous. Anderson v. Glasscock (A.), 271
S.W.2d 243.
(1958) Instructions in suit for damages where motor vehicle struck cattle
which were illegally on highway approved. King v. Furry (A.), 317 S.W.2d
690.
(1961) Plaintiff was injured when the vehicle which he was driving
collided with a hog on the highway. The fact that the hog was on the
highway created an inference of negligence on the part of the owner of
the animal. Keefer v. Hartzier (A.), 351 S.W.2d 479.
(1965) Motorist made submissible case of negligence of defendant in
allowing steer to run loose on road when defendant admitted that gate
post in pasture was loose, that bottom of gate was pushed open and it was
possible for a calf to squeeze through, and that a steer was "hopping a
little bit" the next morning and was butchered. Cox v. Moore (A.), 394
S.W.2d 65.
If it shall appear and be proven on trial that the owner or
owners of such domestic animals, as set forth in section 270.010, shall
have actual notice that his or their said animals or stock were
restrained, and by whom, and that the parties interested could not agree
on the amount of damages demanded, then the three days' notice in writing
as required by section 270.010 shall not be necessary to a recovery.
(RSMo 1939 § 14464)
Prior revisions: 1929 § 12798; 1919 § 4276; 1909 § 773
If the owner of such stock so restrained and the taker-up, or
the person damaged by such stock and the owner thereof, cannot agree upon
the same, either party may apply to the circuit court of the county where
said taker-up resides for the appointment of three appraisers to assess
the damages done, or reasonable compensation for the taking up, keeping
and feeding such stock, and it shall be the duty of the court to issue a
notice to three disinterested householders of the county to appear at
such place in said county as he may designate, and assess the damages or
compensation as herein required. (RSMo 1939 § 14465, A.L. 1945 p. 103,
A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12799; 1919 § 4277; 1909 § 774
Effective 1-2-79
The persons so notified, or any two of them attending, shall
take an oath that they will fairly and impartially assess the damages or
compensation in controversy, and they shall make out, sign and deliver to
each party a written statement of their assessment of damages or
compensation, and upon the payment of the same and the expenses of said
controversy, the owner of such stock shall be entitled to take the same
away, and if refused, he may maintain an action therefor, as in case of
wrongful taking or detention of property. (RSMo 1939 § 14466)
Prior revisions: 1929 § 12800; 1919 § 4278; 1909 § 775
The officer or person serving the notice shall be allowed a fee
of thirty-five cents for each appraiser notified and five cents per mile
as mileage to and from the place of service, and each appraiser shall be
allowed a fee of fifty cents, which shall be paid by the owner of such
stock before he shall be entitled to take such stock away; provided, that
if said appraisers assess the amount of damages and compensation for
taking up, keeping and feeding said animal or animals, at a less amount
than the amount claimed by the taker-up on the written statement
delivered to the owner, it shall be the duty of the taker-up of said
animals to pay said costs. (RSMo 1939 § 14467, A.L. 1945 p. 103)
Prior revisions: 1929 § 12801; 1919 § 4279; 1909 § 776
It shall not be necessary for any person to fence against any of
the species of domestic animals enumerated in this chapter, and it shall
be no defense to any action or proceeding brought or had, that the party
taking up such stock did not have his lands enclosed with a lawful fence,
but nothing herein contained shall be construed to lessen or interfere
with the obligations of the several railroads in this state to fence the
right-of-way of such railroads, as is now provided by law. (RSMo 1939 §
14468)
Prior revisions: 1929 § 12802; 1919 § 4280; 1909 § 777
CROSS REFERENCE: Damages for stock killed by train, RSMo 537.260
Nothing contained in this law shall be construed as to prevent
owners or other persons from driving any of the species of animals
enumerated in this chapter from one place to another or along any public
highway. (RSMo 1939 § 14469)
Prior revisions: 1929 § 12803; 1919 § 4281; 1909 § 778
1. If any swine or sheep shall be found running at large,
contrary to the provisions of this chapter, it shall be lawful for any
person on whose premises said swine or sheep shall be found to restrain
the same forthwith, and give the owner, if known, notice in writing that
such person has restrained said swine or sheep, and the amount of damages
such person claims in the premises, and requiring the owner to take said
swine or sheep away and pay such damages; and such owner shall pay such
person a reasonable sum for taking up, feeding and caring for the same,
and the actual damages done by said swine or sheep. If such owner fails
to comply with the provisions of this section within three days after
receiving such notice, or if the owner of such swine or sheep be unknown,
such swine or sheep shall be disposed of in the manner provided for in
section 270.180.
2. Any swine not conspicuously identified by ear tags or other forms of
identification that were born in the wild or that lived outside of
captivity for a sufficient length of time to be considered wild by nature
by hiding from humans or being nocturnal shall be considered feral hogs.
Any person may take or kill such feral hogs on such person's own
property. (RSMo 1939 § 14480, A.L. 2002 H.B. 1348)
Prior revisions: 1929 § 12814; 1919 § 4292; 1909 § 788
1. If the owner of any swine or sheep taken up under the
provisions of this chapter be unknown, after three days' diligent inquiry
by the taker-up, or if the owner of any swine or sheep taken up under the
provisions of this chapter shall not, within three days after receiving
notice as provided for in section 270.170, comply with the provisions of
this chapter, the taker-up of such swine or sheep shall apply to an
associate circuit judge of the county for the sale of such swine or sheep
according to law.
2. Such associate circuit judge, being satisfied that the provisions of
this chapter have been complied with, shall order the same to be sold by
the sheriff after the expiration of fifteen days, who shall give notice
and sell the same in the same manner as personal property may be sold on
execution by a sheriff; and after paying the costs of sale, and of taking
up and keeping the swine or sheep, and all damages done by the same, such
sheriff shall pay the balance, if there be any, over to the county
treasurer, and take his receipt therefor; which balance shall be subject
to the order of the owner of such swine or sheep, if called for within
twelve months after the sale, but if not called for, the same shall be
turned over to the school fund of the county. (RSMo 1939 § 14481, A.L.
1945 p. 103)
Prior revisions: 1929 § 12815; 1919 § 4293; 1909 § 789
In all counties and townships that have adopted the provisions
of this chapter, the owner of domestic geese shall keep the same upon his
own premises and in his own enclosure, and if any such geese escape from
the enclosure of the owner, they may be dealt with the same as all other
animals, as provided by this chapter. (RSMo 1939 § 14482)
Prior revisions: 1929 § 12816; 1919 § 4294; 1909 § 790
In all counties and townships that have adopted or may hereafter
adopt the provisions of this chapter, every owner or other person having
the legal care of any domestic animal of the species enumerated in
section 270.010, who shall knowingly and purposely refuse to restrain the
same from running at large, when its age, deformity, blindness or other
infirmity would render nugatory the law providing for the sale thereof to
pay costs and damages to any party who might take up said animal, shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than five nor more than twenty dollars, or
by imprisonment in the county jail for a term not exceeding ten days.
(RSMo 1939 § 14483)
Prior revisions: 1929 § 12817; 1919 § 3657; 1909 § 4862
If any stallion or any unaltered male mule or jackass, over the
age of two years, be found running at large, the owner shall be fined,
for the first offense three dollars, and for every subsequent offense not
exceeding ten dollars, to be recovered by civil action before an
associate circuit judge, in the name of any person who will prosecute for
the same, one-half to his own use and the other half to the use of the
county. (RSMo 1939 § 14458)
Prior revisions: 1929 § 12792; 1919 § 4270; 1909 § 767
If any such horse, mule or jackass be running at large, and
cannot be taken up, he may be killed, if notice be first put up at the
courthouse door and at three other public places in the county, for ten
days, describing the color, marks and brands, as near as practicable, of
the animal, and that he will be killed unless taken away and secured.
(RSMo 1939 § 14460)
Prior revisions: 1929 § 12794; 1919 § 4272; 1909 § 769
All rams shall be restrained from going at large within this
state, from the first day of May to the first of November in each year.
(RSMo 1939 § 14461)
Prior revisions: 1929 § 12795; 1919 § 4273; 1909 § 770
If any bull or ram over one year old, or boar hog over three
months old, shall be found going at large off the premises of or out of
the enclosure or control of its owner or keeper, after three days'
notice, signed by three residents of the township where such bull or ram
or boar hog may be running at large, and the owner shall fail or neglect
to take up or confine the same on or within his premises, it shall be
lawful for any person to castrate any such bull or ram or boar hog,
except that the same be done in the usual manner of castrating such
animals, and so as to endanger the life of such as little as possible;
and the person castrating any such bull or ram or boar hog, shall not be
liable for any damage on account thereof; provided, that such male animal
may be taken up and confined at once, by any person finding same at
large, and where the owner is not known at the time, it shall be lawful
for any person to take up such male and keep same in confinement for
three days; and if such male is not reclaimed by owner during that time,
and pay therefor to taker-up the sum of one dollar, then it shall be
lawful to castrate such animal as if notice had been given. (RSMo 1939 §
14462, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 12796; 1919 § 4274; 1909 § 771
Any person who knowingly releases any swine to live in a wild or
feral state upon any public land or private land not completely enclosed
by a fence capable of containing such animals is guilty of a class A
misdemeanor. Each swine so released shall be a separate offense. (L. 2002
H.B. 1348)
1. For purposes of this section, the term "feral hog" means any
hog, including Russian and European wild boar, that is not conspicuously
identified by ear tags or other forms of identification and is roaming
freely upon public or private lands without the landowner's permission.
2. A person may kill a feral hog roaming freely upon such person's land
and shall not be liable to the owner of the hog for the loss of the hog.
3. Any person may take or kill a feral hog on public land or private land
with the consent of the landowner; except that, during the firearms deer
and turkey hunting season the regulations of the Missouri wildlife code
shall apply. Such person shall not be liable to the owner of the hog for
the loss of such hog.
4. No person except a landowner or such landowner's agent on such
landowner's property shall take or kill a feral hog with the use of an
artificial light. (L. 2002 H.B. 1348)
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