H. B. 2541


(By Delegates Hamilton, Argento, Ireland,
Evans, Eldridge, Guthrie, Webster and Schadler)

[Introduced February 17, 2009; referred to the
Committee on Agriculture then the Judiciary.]



A BILL to amend and reenact §19-18-1 of the Code of West Virginia, 1931, as amended, relating to including poultry among those domesticated farm animals or stock for which the owner shall be liable for damages caused by those animals when they enter on the property of another.

Be it enacted by the Legislature of West Virginia:
That §19-18-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 18. GENERAL STOCK LAW.
§19-18-1. Stock trespassing on grounds of another; damages.
If any horse, mule, ass, jennet, cattle, sheep, swine, poultry or goat shall enter into any grounds, the owner or manager of any such stock shall be liable to the owner or tenant of such grounds for any damage he or she may sustain thereby, and the party so injured may, if he or she find such stock on his or her premises, impound them, or a sufficient number thereof, subject to the provisions of sections eight, nine and ten of this article, until such damages and costs of keeping have been paid.



NOTE: The purpose of this bill is to include poultry among those domesticated farm animals or stock for which the owner shall be liable for damages caused by those animals when they enter on the property of another.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.