Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-05-18
OF OHIO
PajljsheI By AUihOrity.
AN ACT

1
/ Providing for Enclosing Railroads by Fences
and Cattle Guards.
| Section l. Be Il eaa.ief 6y the General As-
selRUy of Le Siate of Ohio. That every railroad
company or other party having the control or
management ofa railroad. the whole or I part of
which shall be located within this state, shall.
and is hereby required. within two years after
the passage of this act, within two years after
commencing to run ears thereon for the trans
portatioa of passengers or freight, to construct
and maintain good and sufficient fences on both
sides of such road. or such part thereof as shall
| be in running order and located within this
state, and also omake and maintain sufficient
number Of snitabls crossings fog the accommodate
tiOn OF the public. and of persons living near
the line of such railroad together with the neces
sarv cattle-guards to prevent cattle and other
animals from endaagesing themselves aad the
[ lives of passengers by getting upon such rail
road, and such company shall be liable for all
damages which may result to HOSES, cattle or
domestic animals By reason of the want or in
sulficiency of such fences. road crossings or
cattle-guarls. o. by any ca-ele,slcss OF negli
geacc of such company. party, o. agent or agents
theTeoi; and no person shall ride. lead or drive
anv horse. COW Or other domestic animal into
such incloslre and upon sUch railroad track
without the consent of sach- company or party,
under penalty Of fine not exceeding ten dollars
for every such Offsnse, to be recovered BY such
corporation o. party in action before justice of
the peace of the proper township, and the liabil-
ity Of all damages which may be thereby oc
casOned: provided. that whenever snch railroad
shall pass through or along the boundary Of any
inclosed field or fields. the proprietor proprie
tors of such inclosed field fields is hereby
quIrc1 to construct Onc-hIlf the fence necessary
to partition such incloSed lands from the rail
roa |, and IN con strCctiOl of the same mIv be
ilfOrced in the same manner as are the PARTITION
fences between two or more individual bound
aries: provided further, that any person or per-
sons desiring private crossing o. crossings and
caitle-gIar,ls a. contemplated by this act. shall
be responsible for One-half the expense OF con-
structing and maintaining the same.
See. , That whenever any railroad COM
pany or other party having the control and
management of railroad shall have erected
such fsnceOc fences Is are required by the first
section ofIhisact. and any lands alacent thereto,
theowners of which have received cOmpenSa- |
ton for the right ofway through the same. are
Or shall be inclosed so that such railroad fences
shall form, in whole in part, the inclosure to
to such lands, the person or persons owning the
same shall pay to slch railroad company one
half of the cost and expenses incurred by the /
construction Of so much thereof as serves as par
tition fence, or One-half the value of such fence
at the time such ilcl0Sure may be made. as the /
case NAV be, and whenever any such lands shall I
have been incloSed by the owner o. Occupver
thereof in such manner that the inclOsing fence
in whole or in port, may be made To answer the
purpose of inclOsing such railroad. the railroad
company or Other party having the control and
management of the road. may Join its fences
thereto upon paying to such owner or occupver
one-haf the cost or one-half the cash value Of so
much of such fence as serves To inelose the rail-
road, and in all cases where either the rai load
company or other party having the control and
management of 4 railroad, or the owner or Oc-
cupyer Of lands adjoining. shall refuse to pay.
as required BIZ the prOTis:Ons Of this section.
one-half the cost one-half the cash value of so
much fence rs shall have been built by the
other. and series the double pnrpOse of inclos-
ing the railroad aad the adjoining lands. the
same may be recovered before any court Of COM
petent jurisdiction in a civil action.
Sec. 3. That when such fences are duly
made. they shall be kept in repair in all re-
spects as partition fences are now by law requir-
cd to be Kept in repair.
Sec. 4. Nothing contained in this act shall
be held to affect in any manner any contract o.
agreement between any. railroad company or
other party having the control and management
of a railroad, and the Proprietors or occupyers of
lands adjoining for the construction and main
tenance of fences, cattle-g ads and railroad
Sec. 5. That if any railroad company, or
other party having the control and Management
of railroad, shall neglect or refuse to construct
such fences, cattle-guards or crossings. or to
keep the sane IN repair, prescribed in the fore
going part of this, (after thirty days previous
notice or request to do the same. made in writ
i-g by any person,) sleh railroad company
shall forfeit aud pay for each and every day that
said company other party shall refuse or neglect
off
net. any sum not exceeding fifty dollars per day.
10 be recovered in 4 civil action in the name of
The State of Ohio for the use Of the county in
which suit is brought
Sec. 6. This act shall take effect and be in
orce from and after its passage.
S. W. gibson,
Speaker pro tenn OF the House Representatives,
MARTIN WELKER,
President Of Tie Senate.
Sr.rcb - 1870