1. Any person who maintains, dumps, turns or flows, or causes to be maintained, dumped, turned or flowed, any solution, compound, waste, water or anything of a liquid nature poisonous or injurious to or which might or does kill livestock, into an open ditch, cut, flume, pond, reservoir or any other place, unless the ditch, cut, flume, pond, reservoir or place is enclosed by fence or otherwise safeguarded sufficiently to prevent livestock gaining access thereto, is liable for all damages caused by or the result of such act or acts.
2. Any person violating subsection 1, or who fails properly to enclose and safeguard any solution, compound, waste, water or anything of a liquid nature injurious to or which might or does kill livestock, maintained, dumped or flowed by the person, is liable to the owner of livestock affected for all damages the result of the person’s failure to enclose and safeguard the solution, compound, waste, water or anything of a liquid nature, together with costs of suit and counsel fees in a reasonable amount, to be fixed by the court trying an action therefor.
[1:61:1919; 1919 RL p. 2917; NCL § 5636] + [2:61:1919; 1919 RL p. 2917; NCL § 5637] + [3:61:1919; 1919 RL p. 2917; NCL § 5638] — (NRS A 1985, 528)