Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Fences, farm crossings and cattle-guards
Railroad (RRD) CHAPTER 49, ARTICLE 3
§ 52. Fences, farm crossings and cattle-guards. Every railroad
corporation, and any lessee or other person in possession of its road,
shall, before the lines of its road are opened for use, and so soon as
it has acquired the right of way for its roadway, erect and thereafter
maintain fences on the sides of its road of height and strength
sufficient to prevent cattle, horses, sheep and hogs from going upon its
road from the adjacent lands, with farm crossings and openings with
gates therein at such farm crossings whenever and wherever reasonably
necessary for the use of the owners and occupants of the adjoining
lands, and shall construct where not already done, and hereafter
maintain, cattle-guards at all road crossings, suitable and sufficient
to prevent cattle, horses, sheep and hogs from going upon its railroad.
So long as such fences and cattle-guards are not made, or are not in
good repair, the corporation, its lessee or other person in possession
of its road, shall be liable for all damages done by their agents or
engines or cars to any domestic animals thereon. When made and in good
repair, they shall not be liable for any such damages, unless
negligently or wilfully done. A sufficient post and wire fence of
requisite height shall be deemed a lawful fence within the provisions of
this section, but barbed wire shall not be used in its construction.

No railroad need be fenced, when not necessary to prevent horses,
cattle, sheep and hogs from going upon its track from the adjoining
lands. Every adjoining land owner, who, or whose grantor, has received
compensation for fencing the line of land taken for a railroad, and has
agreed to build and maintain a lawful fence along such line, shall build
and maintain such fence. If such owner, his heir or assign shall not
build such fence, or if built, shall neglect to maintain the same during
the period of thirty days after he has been notified so to do by the
railroad corporation, such corporation shall thereafter build and
maintain such fence, and may recover of the person neglecting to build
and maintain it the expense thereof. And when such railroad shall cross
timbered or forest lands, the company shall construct and maintain
suitable and sufficient crossings, whenever and wherever reasonably
necessary to enable the respective owners of said lands to transport
logs, timber and lumber for manufacture or sale, or for banking on any
stream, to be floated or driven down the same. In case of any neglect or
dispute the supreme court may by mandamus or other appropriate
proceedings, compel the same, and also fix the point or location of any
such crossing.

As used in this section, the term "farm crossings" shall mean at-grade
rail crossings that are utilized primarily as access to and from
adjoining property which is actively used for farming or agricultural
purposes by the owner or by the tenant of such property.