537.350. Double damages for throwing down gates and fences--exception.
Double damages for throwing down gates and fences--exception.
537.350. If any person shall voluntarily throw down or openany doors, bars, gates or fences, and leave the same open ordown, other than those that lead into his own enclosure, or shallvoluntarily throw down, open or remove any partition fence,without giving six months' written notice to the person owningthe adjoining fields, if they are cultivated lands, he shall payto the party injured the sum of five dollars, and double theamount of damages he shall sustain by reason of such doors, bars,gates and fences having been thrown down or opened, with costs;provided, that this section shall not be construed to apply tofences erected across any watercourse in this state which carriessufficient water to move logs for lumbering purposes, of teninches or more in diameter, and railroad crossties and piling;provided further, that any corporation, company or individualdriving such logs, crossties or piling, or having placed the samein any such stream with the intent to drive or float the same,shall be liable for the actual damages which may result therefromto any owner of land bordering on any such stream; but thissection shall not be construed to include a fence erected acrossany such stream and not enclosing a farm or plantation, norwhere, in any case, it is apparent that such fence was erectedacross such stream for the mere purpose of hindering the freepassage of such logs, crossties or piling, or for the purpose ofextorting money from the corporation, company or individualengaged in driving such logs, crossties or piling.
(RSMo 1939 § 3682)Prior revisions: 1929 § 3292; 1919 § 4243; 1909 § 5449