CHAPTER 218 – STRAYS

AN ACT TO AMEND CHAPTER 104 OF THE REVISED CODE OF DELAWARE, 1935, RELATIVE TO STRAYS, PROVIDING FOR THE RESPONSIBILITY OF OWNER OF LIVESTOCK ACCIDENTALLY ESCAPING FROM ENCLOSURES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 104 of the Revised Code of Delaware, 1935, be and, the same is hereby amended by adding a new section after 4186. Sec. 5. of said Chapter, to be known as 4186 A. Sec. 5 A. as follows:

4186 A. Sec. 5 A. No owner or other person in charge of cattle or other livestock shall be responsible in any action by reason of such cattle or other livestock accidentally escaping from their enclosure and straying on any public highway of this State unless such owner or other person in charge thereof shall have intentionally allowed the same to escape or unless he shall be guilty of negligence in the care of such cattle or other livestock.

Approved May 21, 1941.