40-28-4. Liability for trespass by livestock--Exception where fence inadequate.Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by any person injured by such trespass, is liable to any such person injured for all damages sustained by reason of the trespass. No person is liable under this chapter if the person injured has maintained an inadequate partition fence and notice thereof has been given pursuant to §43-23-5 or if the person is not required to build the fence because of frozen earth pursuant to §43-23-7. Source: CCivP 1877, §747; SL 1883, ch 115, §1; SL 1885 (Spec. Laws), ch 17, §§4, 5; CL 1887, §5569; RCCivP 1903, §§817, 829, 830; SL 1907, ch 244, §1; RC 1919, §§2921, 2922; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401; SL 1978, ch 286; SL 2001, ch 224, §1.
South Dakota Legal Code