That any person, or persons, who open the gate of any fence, or fences, of any person or persons, the same being private property, for the purpose of passing as aforesaid, [and] shall neglect to close the gate of any fence or fences after having opened the same, shall be subject to and responsible for the damage to the land, crop or grass of the owner, or owners, of such land, through such neglect; and such damage shall be appraised as provided by law.
History: Laws 1897, ch. 39, § 2; C.L. 1897, § 1826; Code 1915, § 2355; C.S. 1929, § 50-117; 1941 Comp., § 49-1813; 1953 Comp., § 47-17-13.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
The compilers of the 1915 Code deleted "shall close said gate, and if any person or persons so passing" which followed "aforesaid." The bracketed word "and" was added to replace the deleted words.
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Section 77-16-1 - [Necessity for fence.]
Section 77-16-3 - [Damages on fenced lands; right of action; lien on animals.]
Section 77-16-4 - [Barbed wire fence; specifications.]
Section 77-16-5 - [Applicability of act.]
Section 77-16-6 - [Board fence; specifications.]
Section 77-16-7 - [Pole and post fence; specifications.]
Section 77-16-8 - [Stone, adobe or woven wire fence; specifications.]
Section 77-16-9 - [Legal protection of fences against damage or destruction.]
Section 77-16-10 - Injuring fence.
Section 77-16-11 - [Injuries by animals; liability; minors.]
Section 77-16-12 - [Damages for injuries.]
Section 77-16-13 - [Opening private fence to use road prohibited.]
Section 77-16-14 - [Failure to close gate; liability for damages.]
Section 77-16-16 - Railroads; fencing of lines; damage.
Section 77-16-17 - [Requirements of railroad fence.]
Section 77-16-18 - Report of killed or crippled livestock; inspection and removal.