11 chapters · 295 sections in this title.
ORS 608.015 Civil liability for animals trespassing on adequately fenced land situated on open range
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(1) As used in this section, open range means an area wherein livestock may lawfully be permitted to run at large. (2) A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land enclosed by an adequate fence and situated on open ran…
ORS 608.310 Erecting and maintaining fences, crossings, gates and cattle guards; rules
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(1) Every person, or the lessee or agent of the person, owning or operating any railroad, shall erect and maintain good and sufficient lawful fences on both sides of the railroad line, except at the crossings of and upon public roads and highways, within such portions of cities a…
ORS 608.320 Penalty for railroad refusing or failing to maintain fences, gates and guards
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(1) Any person shall forfeit and pay into the State Treasury the sum of $100 for each mile of fence on either side of a railroad, or for each farm crossing, gate or cattle guard which the person fails, neglects or refuses to erect and maintain in violation of ORS 608.310. This sh…
ORS 608.330 Leaving gate open
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(1) No person shall intentionally or negligently leave open or unfastened any farm crossing gate, or let down and leave down any bars of any railroad fence. (2) Justices of the peace have original jurisdiction for violations of this section.
ORS 608.340 Liability of railroad for killing or injuring stock
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Any person, or the lessee or agent of the person, owning or operating any railroad, is liable for the value of any horses, mules, colts, cows, bulls, calves, hogs or sheep killed, and for reasonable damages for any injury to any such livestock upon or near any unfenced track of a…
ORS 608.350 Fences sufficient to relieve railroad of liability
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No railroad track shall be deemed to be fenced within the meaning of ORS 608.340 unless it is guarded by such fence against the entrance thereon of any livestock on either side of the track, and not more than 100 feet from the track. Whatever is a lawful fence in the county where…
ORS 608.360 When railroads negligence is presumed; contributory negligence and willful intent as defense
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In every action for the recovery of the value of any livestock killed, or for damages for injury to any livestock, under ORS 608.340, proof of such killing or injury shall of itself be deemed conclusive evidence in any court of this state of negligence upon the part of the person…
ORS 608.370 Service of process on agent
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In any action authorized by ORS 608.340, service of summons or any other necessary process may be made upon any person, or the lessees or agents of the person, owning or operating any railroad, by personal service upon any authorized agent thereof, residing or stationed in the co…
ORS 608.380 Notice of stock injured or killed
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Whenever any livestock mentioned in ORS 608.340 is killed or injured by a moving train or engine upon the unfenced railroad track of any railroad in this state, the owner, operator, lessee or agent of the railroad shall immediately notify or cause notice to be given to the sherif…
ORS 608.390 Notifying brand inspector
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Upon receipt of the information mentioned in ORS 608.380, the sheriff shall immediately notify the nearest brand inspector and deliver the written statement to the inspector.
ORS 608.400 Inspection of injured livestock and notice to owner
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When notified of the killing or injury of livestock under the circumstances described in ORS 608.380, the brand inspector or sheriff shall go to the scene of the accident, examine any identifying marks and, if the ownership of the livestock is determined, notify the owner. If the…
ORS 608.510 Fencing against hogs
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The owner or occupant of premises is not required to fence against hogs. No owner or person entitled to the possession of a hog shall permit it to run at large or upon the property of another person.
ORS 608.990 Penalties
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(1) Violation of ORS 608.330 is a Class C misdemeanor. (2) Violation of ORS 608.380 is a Class A violation. (3) Violation of ORS 608.510 is a Class D violation. [Amended by 1957 c.476 §3; 1999 c.1051 §207; 2011 c.597 §247] _______________