Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-23
March 25, 1859,
AN ACT


! mo. Q2.l AN ACT
Providing for enclosing railroads by fences and
cattle guards.
Section l. Be itenacted by the General Assem-
bly, OF the State Of Ohio That overy railroad com
pany or other party having the cenlTol or manage
ment Of railroad, the whole or or paIt Of which
shall bo located Sitbin this state, shall and is
hereby required, within two years after the pas
sage Of this act, or within two years after com
meneing TO run thereon for the transportation
OF passengers or freight to construct and maintain
good aud sufficient fences on both sides Of sueh
road OF such part thereof 0s shall be in running
order and located within this state, and also 10
make aud maintain sufficient number of suitable
crossings for the accommodation Of the public and
Of persons living the line OF sueh railroad; to-
gether with tho necessary cattle guards to prevent
cattle and other animals from endangering them
selves and the lives pf passengers by getting upon
such railroad, and such company shall DO liable
for all damages which may result to horses, cattle
or other domestic animals by reason Of the wait
or insuihciency Of such fences, road crossings or
cattle guards, or by any catolessness or neRii-
geuoe of such company, party, or agent or agents
thereof and no prIsOn shall ride lead or drive any
horse, COW or Othe domestic animal into such In
closure and upon fAeh railroad track, without tho
consent of such company or Iarty, under penalty
Of a fine not exceeding ten dollars for every such
offence, TO be recovered by such corporation or
the proper townships and the liability Of all such
damages which may be thereby ocoasioned Pro-
vidod that whenever such railroad shall PASS
through or along the boundary Of any inel1sod
field fields, The proprietor or proprietors Of such
inclosod field or fields IS hereby required 10 con-
struct one-hRlt the fence necessary TO partition
such inelosed lands from the railroad, and the con-
struotion Of the same may he infoTccd in the same
manner as are the partition fences between two or
more individual boundaries; Provided further,
that any person persons desiring private
crossing crossings and cattle guards ss ecntem-
plated by this act, shall be responsible for ono
half the expense Of constructing aud maintaining
the same.
See 2. That whenever any railroad company
or other party having the control and mnnage-
mont Of railroad shall have erected such fence OF
fences as are required by the hrst section OF this
act and any lands adjacent thereto, the owners sf
which have received a compensation for the right
Of way through the same, are or shall bo inelosod
go that such railroad fences shall form, In whole
or in part, the inelosuro to such lands, the person
or persons owning the same shall pay to such rail.
road company ons-half Of the cost and expenses
incurred by the construction Of so much thereof as
serves as partition fence, or one-half the value
Of such fence al the time such inel0surO may be
made as the case may be- and whenever any such
l1nds shah have bees inclosod by tho owner or
occupieF thereof in such manner that the nelosing
fence, In whole or In part may be made to answer
the purpose Of nclosing such railroad, the Railroad
company or other party having the control aud
genent OF the road, may join is fences thore-
TO upon paying to such owner or oecnpier one-half
the cost or one half the cash value Of so much OF
such fence as SERVES 10 inclose the railroad and
In all eases who're either the railroad company or
other party having the oontrol and manSg gemeni
of a railroad, or the owner or OecaPyer of lands
adjoining, shall Tsiase to pAy ~ required ~ The