An owner or holder of livestock described in Section 77-12-6 NMSA 1978 who permits livestock to run at large on a public road within a herd law district is guilty of a misdemeanor and on conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History: Laws 1923, ch. 68, § 11; C.S. 1929, § 4-411; 1941 Comp., § 49-1311; 1953 Comp., § 47-13-11; Laws 1999, ch. 282, § 80.
ANNOTATIONSThe 1999 amendment, effective July 1, 1999, updated the statutory reference near the beginning of the section, and substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "fined not less than five dollars nor more than fifty dollars" at the end.
Owner liability if cattle strays upon highway. — A cattle owner who negligently fails to keep his cattle from straying upon a highway may be held liable in a civil action for damages arising from a collision with his livestock, even at a point where the highway is unfenced, in open range country. Grubb v. Wolfe, 1965-NMSC-153, 75 N.M. 601, 408 P.2d 756.
Public roads deemed not within districts. — It is to be noted that a herd law district must contain land which is contiguous. State and federal highways and the rights-of-way upon which they are built would be public roads subject to the jurisdiction of the state of New Mexico and its agents, and therefore would not be land lying within a herd law district. 1953 Op. Att'y Gen. No. 53-5864.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Owner's liability, under legislation forbidding domestic animals to run at large on highways, as dependent on negligence, 34 A.L.R.2d 1285.
Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 132.
Liability of owner or operator of motor vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 159.
Liability of owner of animal for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 29 A.L.R.4th 431.