Neb. Rev. Stat. » Chapter 54
Nebraska Revised Statutes

Neb. Rev. Stat. § 54-401 (2026)

Estrays, trespassing animals; damages; liability

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The owners of cattle, horses, mules, swine, sheep, and goats in this state are liable for all damages done by such stock upon the lands of another in this state as provided by section 54-402 if the damages to the lands are not the result of negligent or willful damage to the division fence by the person claiming damages to the land.

Notes of Decisions
Cited in 4 cases, 1969–1986 · leading case: Foland v. Malander, 381 N.W.2d 914 (Neb. 1986).
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Foland v. Malander, 381 N.W.2d 914 (Neb. 1986). · cites it 4× “The owners of cattle, horses, mules, swine, and sheep in this state, shall hereafter be liable for all damages done by such stock upon the cultivated lands in this state as provided by section 54-402 if the damages to the cultivated lands are not the result of negligent or…”
Fiene v. Robertson, 171 N.W.2d 179 (Neb. 1969). · cites it 3× “See § 54-401, R. R. S. 1943. To render the owner liable for a trespass upon uncultivated lands, a willful trespass must be alleged and proven.”
Fuchser v. Jacobson, 290 N.W.2d 449 (Neb. 1980). “” § 54-401, R. R. S. 1943. Section 54-408, R.”
Schnakenberg v. Schroeder, 367 N.W.2d 692 (Neb. 1985). · cites it 2× “See Neb. Rev. Stat. § 54-401 (Reissue 1984) (owner’s liability for damages caused by owner’s cattle on cultivated land).”
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