When fences are constructed of barbed wire and posts they shall be built substantially as follows: posts set firmly in the ground aand [and] projecting above the ground not less than four feet, said posts to be not less than two inches in diameter at the smaller end, and to be set not over thirty-three feet apart; four barbed wires to be strung firmly and securely fastened to said posts, the bottom wire to be placed approximately twelve inches from the ground, the second wire to be approximately twelve inches above the bottom wire, the third wire to be approximately twelve inches above the second wire and the fourth wire to be approximately twelve inches above the third wire; and between each two posts there shall be placed approximately equidistant apart three stays to be securely fastened to said wires for the purpose of holding the wires in position. Any four-wire fence greater or equivalent to said fence in strength and resisting power shall be considered a legal fence.
History: Laws 1909, ch. 13, § 1; Code 1915, § 2342; Laws 1923, ch. 94, § 1; C.S. 1929, § 50-103; 1941 Comp., § 49-1803; 1953 Comp., § 47-17-3.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Owner of livestock has duty to care for his property as a reasonable man, and he may be liable for injuries to motorists resulting from collisions with his animals due to his negligence in permitting them to be on the highway. Mitchell v. Ridgway, 1966-NMSC-265, 77 N.M. 249, 421 P.2d 778.
Trier of fact to determine presence of reasonable care. — It is for the trier of the facts to determine whether the owner of the animal has used reasonable care to restrain his livestock. Mitchell v. Ridgway, 1966-NMSC-265, 77 N.M. 249, 421 P.2d 778.
This section does not repeal 77-14-3 NMSA 1978. 1915 Op. Att'y Gen. No. 15-1567.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fences § 9.
Liability for personal injury by barbed wire, 36 A.L.R. 545.