Smith v. Meyring Cattle Co., 921 N.W.2d 820

Plaintiff Harley Smith, a ranch employee, was injured when a cow charged in an alley and trampled him during cattle handling; he sued employer Meyring Cattle Co. alleging negligence and strict liability under Neb. Rev. Stat. § 54-601(1)(b).
Smith's theory: a Meyring herding dog, Gunner, had been "nipping" the cow’s heels through a gap in a gate, causing the cow to bolt and strike Smith; Smith suffered extensive injuries.
Ranch testimony described Gunner as a herding dog trained to nip heels to move cattle; employees testified dogs are kept away from enclosed tubs/alleys and that Smith should not have been in the alley.
Evidence showed Smith was under the influence of methamphetamine at the time; jury returned for Meyring on negligence claims.
The district court granted a directed verdict for Meyring on the § 54-601 strict liability claim; Smith appealed whether the statute covers injuries to a person caused indirectly when a dog’s actions are directed at another animal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 54-601(1)(b) imposes strict liability when a dog nips a cow and the cow injures a person	§ 54-601's term "injuring" is broad and covers bodily hurt proximately caused by the dog even if mediated through another animal	§ 54-601 must be read in context with the other listed acts and requires actions directed toward the injured person or the plaintiff's animal and thus implies dangerous/vicious conduct	Court held § 54-601(1)(b) does not apply: "injuring" is limited to bodily hurt caused by acts directed toward the person or animal hurt; indirect injuries via an animal instrumentality fall outside the statute; negligence is the proper claim

Donner v. Plymate, 193 Neb. 647 (1975) (statutory list of dog acts must be read together; playful acts not within § 54-601)
Holden v. Schwer, 242 Neb. 389 (1993) (playful puppy conduct causing indirect injury not covered by § 54-601)
Underhill v. Hobelman, 279 Neb. 30 (2009) (discussion of "injuring" under § 54-601)
Paulsen v. Courtney, 202 Neb. 791 (1978) (common-law strict liability requires proof of dangerous propensities and owner knowledge)
Jacobs Engr. Group v. ConAgra Foods, 301 Neb. 38 (2018) (standards for directed verdict review)