42-348. Gates or barways in fences; liability for failure to close.
42-348
42-348. Gates or barways in fences; liability for failure to close. The proprietor of any fence which crosses or abuts upon any stream fromwhich waters are drawn for irrigation or other purposes, or which abutsupon or wholly or in part encloses any reservoir for the collection,retention or storage of water, shall cause to be placed in every suchfence, in some convenient place, a gate or barway, and shall alwaysmaintain the same; and such proprietor and proprietors of land shall alwayspermit the proprietors of any such works, and their assistants, and allpublic officers concerned therewith, to pass thereat and along the bank ofsuch stream or to such reservoir, over said premises, by some reasonablydirect and convenient way, for any lawful purposes connected with themanagement of such works and the discharge of their official duties. Everysuch person shall forthwith, upon passing through any such gate or barway,carefully close such gate or barway, and shall be responsible to theproprietors of such lands for any damage occasioned by his default in thatbehalf.
History: L. 1891, ch. 133, art. 4, § 30; May 20; R.S. 1923, 42-348.