The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1881-08-10

The Fourth Annual Report Of the
Pennsylvania Board Of Agriculture
will contain valuable article on
"Farm Fences and Ways Over the
Farm, an advance copy Of which
has been received through the court
esy Of Thomas j. Edge, Secretary OF
the State Board. II goes into the le-
gal aspect afthe case very thoroughly
and gives he former ard existing
legislation IN the subject. There is
a good deal Of confusion in the minds
OF the average agriculturalista as to. his
individual rights and his duties to-
wards his neighbors.
Partition fences areexpressly pro-
vided for by a statue passed March
II. 1912, which provides shat when
any persons shall improve lands ad-
jacent TO each other, or when any
person shall enclose any lands ad-
joining another's land already fenced
in, so that any part of the first per-
sons fence becomes the partition
fence between them, in both these
cases the charge of such division
fence so far as it encloses on bot h
sides, shall be equally borne and
maintained by both parties"
The same act makes the auditors
of the township, fence viewers, who,
upon due notice shall examine such
fences, and state in writing whether,
in their opinion, the fence if one is
already built is sufficient, and, if
not, what portion of the expense of
building new one or repairing the
old one shall be borne by the several
parties. The opinion of the viewers
is to be delivered in writing, and if
after 10 days either Of the parties re-
fuse to comply with its provisions
the aggrieved party has the right to
build or repair it, and bring suit
against the.delinquent before any
Justice of the Peace or Alderman
for the labor and material. If, there
fore, one farmer does not keep his
part of the line fence in good order,
he cannot recover damages if his
cattle trespass, as he suf-
fers through his own neglect.
When, however, the cattle of the
farmer escape through the detective
fence of his neighbor and trespass
upon the lands of third party, the
latter can recover against the first, /
even though the fences Of the first |
are good, as at common law man
is bound to keep his cattle on his
own land. The only recourse in
such a case is against the neighbor
through whose negligence the dam
age occurred. If stock is turned IN
to the public highway, or through +
the neglect of a passer-by bars are
let down and the cattle escape into /
the road and wander upon the lands 1
of others the owner is responsible /
for the damage they may cause.
When, however, cattle are driven a.
long the public road and they run
upon the lands of another without |
any fault of the owner, and the latter
drives them off as soon as he can,
he is not liable for damages, because /
every one has a right to transact
legitimate business on the highways. /
Under the provisions of the act of
1900, still in force, it has been held /
that unless cultivated lands are pro- !
perly enclosed, the owner cannot I
maintain trespass for damages. The /
owner of improved lands must pro-
tect them against the rowing cattle
of the neighbors, otherwise be has
no legal resources. In this State I
fences are required to be not less /
than five feet high, of rail or logs, 4
and sufficiently closed at the bot
tom To recover damages it is only (
to have the testimony Of |
practical men that the fence is sutii /
cient.
When the owners of adjoining
cannot agree about erect
ing division fences they are mutual
y liable for the trespass of their
cattle. Where division fence has
stood for twenty-one years it can
,nly be removed by the consent of
he Joint owners, and neither party
strange to say, has any ownership in
he material of the part erected by
One of the owners of un-
land cannot ask the other
o contribute to the cost of putting
Up division fence. The obligation
o erect division fences exists only
where the lands Of both parties are
as it would be unjust to
he owner OF unimproved land to
compel him to assist in protecting
hat of his neighbor while he derived
10 benefit from the transaction him
;elf. No man, however, is compelled
,y law to build a fence of his own,
,ut he must build it entirely on his
,wn land, must retain and keep it
Il repair, and if the cattle break
through and trespass on the land Of
mother he is liable for damages.
Where the division lines pass through
wooded lands neither owner is
obliged to put up fence.
Railroad companies are not re-
luired to fence their roads, neither
ire they liable to the owner for
tray cattle that may be killed.
Even though cattle escape from a
lot and are killed, the rail-
oads are not liable. Even where
railroad company is buying the
light of way obligates itself to fence
n its tracks through the sellers
ands, but neglects to do so, when
he stock of the latter strays upon
he track and is killed, the owner
annot recover for the injury in an
ction of tort. These are the i'm
,ortant laws now in force governing
his question of division fences which
ii farmers will do well to bear in
mind.