The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1859-06-09
March ls, 1859
AN ACT

mo. 90 AN ACT
Providing for Enclosing Railroads by
Fences and Cattle Guards.
Sec. /. BE is enacted by the Gener-
al Assembly Of the State of Ohio, That
every railroad company or other party
having the control or management Of
railroad, the whole or a part of which
shall be located within this State, shall,
and is hereby required, within two years
after the passage of this act, or within
two years after commencing to run cars
thereon for the transportation of pas
sengers or freight, to construct and
maintain good and sufficient fences on
both sides Of such road, or such part
thereof rs shall be in running order
and located within this State, and also
to make and maintain a sufficient num-
Der of suitable crossings for the accom-
mediation of the public, and of persons
living near the line Of such railroad;
together with the necessary cattle-guards
to prevent cattle and other animals from
endangering themselves and the lives
of passengers by getting upon such rail
road and such company shall be liable
for all damages which may result to
horses, cattle or other domestic animals
by reason of the want or insuffciency Of
such fences, road crossings or cattle
guards, or by any carelessness or negli-
gencc Of such company, party or agent
or agents thereof and no person shall
ride, lead or drive any horse, COW OF
other domestic animal into such inclo-
sure and upon such railroad track, with
out the consent Of such company OF
party, under penalty of fine not ex.
ceeding ten dollars for every such Of
fense, to be recovered by such corpo.
ration or party in an action before q
Justice of the peace of the proper town,
ship, and the liability of all damage.
which may be thereby occasioned: that
that whenever such railroad shall pas,
through or along the boundary of
any inclosed field or fields, the pro
prietor or proprietors Of such inolos
ed field or fields is hereby required tC
construct one-half the fence necessary
to partition such inclosed lands from the
railroad, and the construction Of tn,
same may be iuforced in the same man
per as arc the partition fences between
two or more individual boundaries: Pro
vided further, that any person or per
sons desiring private crossing or GROSS
ings and oattle-guards as contemplated
Ibv this act, shall be responsible for one
half tho expense Of constructing Ant
maintaining the same.
Section 2. That whenever any rail
road company or other party having tn
control and management Of a lailroar
shall have erected such fence or fence
as are required by the FIRST section O
this act, and any lands adjacent thereto
the owners Of which have received
compensation for the right Of wa
Through the same, arc or shall be in
closed so that such railroad fences sha
form, in whole or in part, the inclosur
to such lands, the person or person
owning the same shall pay TO such raj
. road company oRe-half of the cost an
. expenses incurred by the eonstruotio
of so much thereof as serves as a part
+ ton fence, or one-half the value Of sue
fence at tho time such inclosuro may
made, as the case may be- aud whenev'
j any such lands shall have been inolobe