Oregon Revised Statutes

Chapter 608 — Fences to Prevent Damage by or to Animals

31 sections

608.010 [Repealed by 1957 c.476 §4]

CIVIL LIABILITY

608.015 Civil liability for animals trespassing on adequately fenced land situated on open range

As used in this section, “open range” means an area wherein livestock may lawfully be permitted to run at large. A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land enclosed by an adequate fence and situated on open range shall be liable to the owner or lawful possessor of the enclosed land for damage don…

608.020 [Repealed by 1957 c.476 §4]

608.030 [Repealed by 1957 c.476 §4]

608.040 [Repealed by 1957 c.476 §4]

608.050 [Repealed by 1957 c.476 §4]

608.060 [Repealed by 1957 c.476 §4]

608.070 [Repealed by 1957 c.476 §4]

608.080 [Repealed by 1957 c.476 §4]

608.210 [Repealed by 1957 c.476 §4]

608.220 [Repealed by 1957 c.476 §4]

608.230 [Repealed by 1957 c.476 §4]

608.240 [Repealed by 1957 c.476 §4]

608.250 [Repealed by 1957 c.476 §4]

608.260 [Repealed by 1957 c.476 §4]

608.270 [Repealed by 1957 c.476 §4]

FENCES AND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY

608.310 Erecting and maintaining fences, crossings, gates and cattle guards; rules

Every person, or the lessee or agent of the person, owning or operating any railroad, shall erect and maintain good and sufficient lawful fences on both sides of the railroad line, except at the crossings of and upon public roads and highways, within such portions of cities as are or may be laid out and platted in lots and blocks and at railroad station grou…

608.320 Penalty for railroad refusing or failing to maintain fences, gates and guards

Any person shall forfeit and pay into the State Treasury the sum of $100 for each mile of fence on either side of a railroad, or for each farm crossing, gate or cattle guard which the person fails, neglects or refuses to erect and maintain in violation of ORS 608.310. This shall be recovered as other penalties are recovered and paid into the State Treasury. …

608.330 Leaving gate open

No person shall intentionally or negligently leave open or unfastened any farm crossing gate, or let down and leave down any bars of any railroad fence. Justices of the peace have original jurisdiction for violations of this section.

608.340 Liability of railroad for killing or injuring stock

Any person, or the lessee or agent of the person, owning or operating any railroad, is liable for the value of any horses, mules, colts, cows, bulls, calves, hogs or sheep killed, and for reasonable damages for any injury to any such livestock upon or near any unfenced track of any railroad in this state, whenever the killing or injury is caused by any movin…

608.350 Fences sufficient to relieve railroad of liability

No railroad track shall be deemed to be fenced within the meaning of ORS 608.340 unless it is guarded by such fence against the entrance thereon of any livestock on either side of the track, and not more than 100 feet from the track. Whatever is a lawful fence in the county where the killing or injury occurs, and no other, shall be deemed a lawful fence unde…

608.360 When railroad’s negligence is presumed; contributory negligence and willful intent as defense

In every action for the recovery of the value of any livestock killed, or for damages for injury to any livestock, under ORS 608.340, proof of such killing or injury shall of itself be deemed conclusive evidence in any court of this state of negligence upon the part of the person, or the lessees or agents of the person, owning or operating such railroad. Con…

608.370 Service of process on agent

In any action authorized by ORS 608.340, service of summons or any other necessary process may be made upon any person, or the lessees or agents of the person, owning or operating any railroad, by personal service upon any authorized agent thereof, residing or stationed in the county where such action is brought.

608.380 Notice of stock injured or killed

Whenever any livestock mentioned in ORS 608.340 is killed or injured by a moving train or engine upon the unfenced railroad track of any railroad in this state, the owner, operator, lessee or agent of the railroad shall immediately notify or cause notice to be given to the sheriff of the county where the accident occurred, and within a reasonable time shall …

608.390 Notifying brand inspector

Upon receipt of the information mentioned in ORS 608.380, the sheriff shall immediately notify the nearest brand inspector and deliver the written statement to the inspector.

608.400 Inspection of injured livestock and notice to owner

When notified of the killing or injury of livestock under the circumstances described in ORS 608.380, the brand inspector or sheriff shall go to the scene of the accident, examine any identifying marks and, if the ownership of the livestock is determined, notify the owner. If the owner remains unknown, the sheriff shall cause publication in a county newspape…