All damage done within enclosures by cattle, horses, asses, mules, sheep, swine or goats, when the fence is sufficient, shall be paid by the owner of the animals. No person shall recover for damage done within his enclosure by reason of the insufficiency of his fence, unless done by animals at large contrary to law, or by unruly cattle that are not restrained by ordinary fences; or unless the owner of animals puts them into or voluntarily trespasses on such enclosure; or unless they entered through a part of the fence which was sufficient; in all of which cases the owner of the land may impound them and recover poundage and damages.
(1949 Rev., S. 7164.)
Where fence is sufficient: Who are the “owners” of cattle within statute. 6 C. 532; 16 C. 204. Under first part of statute, no action lies unless fence is sufficient. 14 C. 295, 296. Otherwise where cattle are unruly. 16 C. 206. Where fence is insufficient: A defense of insufficient fence may be met by evidence that cattle were unruly. Id. Cattle entering through insufficient fence may be impounded. 32 C. 221. Terms “sufficient fence” and “ordinary fence”, construed. 37 C. 126, 127. No obligation to fence against unruly cattle; history of legislation re fences. Id., 129. Statute held inapplicable in action for damages due to vicious bull. 79 C. 271. What cases are covered by statute. 94 C. 549; 96 C. 662. Evidence held to show cattle at large on highway and unruly. 94 C. 550. Plaintiff who was not the owner of the land had no rights under statute. 124 C. 695.
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Section 47-43. - Proprietors to maintain.
Section 47-44. - Compensation of selectmen for services as fence viewers.
Section 47-45. - Appointees to perform duties of selectmen as to fences.
Section 47-46. - Payment for fence between agricultural property and state highway.
Section 47-47. - Barbed wire between adjoining premises or enclosing grounds of public buildings.
Section 47-48. - Barbed wire along sidewalks.
Section 47-49. - Purchase of division fence.
Section 47-50. - Division of fence by selectmen.
Section 47-51. - Repair of division fence.
Section 47-52. - When dividing line is a stream.
Section 47-53. - Apportionment of division fence. Penalty.
Section 47-54. - Proceedings to obtain new division fence.