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S.D. Codified Laws § 40-34-2

Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor

Applied in 3 court decisions — leading case Gehrts v. Batteen (2001)

Most recently applied in City of Onida v. Brandt & Meyer (April 2021)

Source: SDC 1939, § 40.1312; SL 1991, ch 186, § 28.

How often courts cite this section

19721980199020002010202110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any person owning, keeping, or harboring a dog that chases, worries, injures, or kills any poultry or domestic animal is guilty of a Class 2 misdemeanor and is liable for damages to the owner thereof for any injury caused by the dog to any such poultry or animal. All property except such as is absolutely exempt, is subject to execution issued upon a judgment for such damages and costs.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.