Civil liability.
The owner of animals permitted or allowed to run at large, or herded in violation of any order made in accordance with the provisions of section 25-2404, shall be liable to any person who shall suffer damage from the depredations or trespasses of such animals, without regard to the condition of his fence; and the person so damaged shall have a lien upon said animals for the amount of damage done, and the cost of the proceedings to recover the same, and may take the animals into custody until all such damages are paid: provided, that the person so taking said animals into custody shall not have the right to retain the same for more than five (5) days without commencing an action against the owner thereof for such damages. Said damages may be recovered by a civil action before any court of competent jurisdiction, and no such action shall be defeated or affected by reason of any criminal action commenced or prosecuted against the same party under the provisions of the preceding section.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1965–2024 · leading case:
Maguire v. Yanke, 590 P.2d 85 (Idaho 1978).
Maguire v. Yanke, 590 P.2d 85 (Idaho 1978).
· cites it 8× “§§ 25-2118 and -2402, where cattle by custom have been permitted to roam; (2) herd districts, villages and towns, where owners are liable for damage caused by their trespassing animals "without regard to the condition of [their] fence," I.C. § 25-2408; and (3) non-open range,…”
Nelson v. Holdaway Land & Cattle Co., 691 P.2d 796 (Idaho Ct. App. 1984).
· cites it 14× “The court also determined that Nelson’s right to recover the costs of caring for the animals during 1975 was lost because Nelson failed to commence a lawsuit within five days after their capture as required, in the court’s opinion, by I.C. § 25-2408. Nelson urges on appeal that…”
Benewah Cnty. Cattlemen's Ass'n v. Bd. of Cnty. Commissioners, 668 P.2d 85 (Idaho 1983).
· cites it 4× “" In addition, I.C. § 25-2408 provides that in such instances the owner of the livestock "shall be liable to any person who shall suffer damage from the depredations *94 or trespasses of such animals, without regard to the condition of his fence," and grants a lien on the…”
Simmons v. Loertscher, 551 P.3d 719 (Idaho 2024).
· cites it 6× “Simmons brought his claim against Loertscher and Williams under Idaho Code section 25-2408, which provides that the owner of animals permitted to run at large in violation of a herd district ordinance shall be liable to any person who suffers “damage from the depredations or…”
Cunningham v. Bundy, 600 P.2d 132 (Idaho 1979).
· cites it 2× “*458 Defendants did not contest the plaintiff’s injuries; rather, they argued that I.C. § 25-2408 requires proof of negligence before liability can be imposed, and that they were not negligent.”
Corthell v. Pearson, 399 P.2d 266 (Idaho 1965).
· cites it 2× “” I.C. § 25-2408, in part, reads: “The owner of animals permitted or allowed to run at large, or herded in violation of any order made in accordance with the provisions of section 25-2404 [order creating a herd district], shall be liable to any person who shall suffer damage…”
Nelson v. Holdaway Land & Cattle Co., 729 P.2d 1098 (Idaho Ct. App. 1986).
· cites it 6× “See I.C. § 25-2408. On remand, the district court directed both parties to submit written proposals concerning the amount of nominal damages and the amount of damages resulting from Nelson’s caring for the cattle, including the reasons and bases for the amounts proposed.”
Easley v. Lee, 721 P.2d 215 (Idaho 1986).
· cites it 2× “I.C. § 25-2408. The issue in the instant case revolves around I.”
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