The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1881-06-01

81, 1881, on House Bill No. i76
San act for the Protection o
Farmers and Owners of Cattle
Horses, &C., along the line .
Railroads in the several Cadntie,
Of this Commonwealth. "
Mr.. Speaker: Know that at tbi
present hour, after this House ha,
been ~ session for at least four hours
the members present must be sone
what tired. / had intended to make
some extended remarks upon this bill
but, in view Of tue fact that the House
must be weary, will proceed only to
short extent to-day. / wish to ex.
plain the provisions of this bill, and
to show, if | can, the necessity Of its
passage. This bill contains two sec.
tions one section requires railroad
companies to fence their tracks alono
the line OF their roads or to pay the
damages that may be sustained bv the
stock of the farmer or others living
along the line. Section second is for
the purpose of compelling railroad
companies to fence the lines of their
tracks through cleared and cultivated
fields and lands adjacent thereto. It
has been remarked 10 this House bv
persons representing the agricultural
interests of this State, that we, as leo.
islators. have been asking for legisls.
ton for lawyers, for corporations and
and for traders, while nothing is being
granted to the farming interests of the
State. This is one of the bills in
which the Commonwealth are deeplv
interested. Under the common law
of England the cattle upon a thousand
hills hadt he right of common, and that
right has been continued in the COM
mon law of Pennsylvania, modified.
however, by an act of Assembly of
100. All cattle have a right of com.
mon, but in this State, under the pro.
visions of the act of 100, the owners
OF cattle are held liable for all dana.
ges caused to the owner of enclosed
lands, fenced according to law; and
1t has been held that unless improved
lands are enclosed by suitable fence.
the owner of those lands is in default
and cannot maintain an action of tres.
pass for damages done by rowing cat.
tie, aHd that the owner of improved
lands must fence those lands so as to
shut out the cattle of his neighbors.
This is laid down in the decision ofthe
Court, Gregg versus Gregg,
90 Pennsylvania State Reports. page
27. And further in this State. the
law requires the fence to be at least
five feet high, of sufficient logs, closed
at the bottom. To entitle a farmer to
recover for damages done by stray
cattle it is necessary that the fence be
such as q man Of practical KNOWLEDGE
would consider sufficient to protect the
crop from injury by rowing cattle.
This is laid down in volume so. Legal
intelligeneer, page 361. This is the
construction as to the requirement of
fences as laid down by the courts ofI
ibis Commonwealth. Now, we wish to
show what the courts have done. and
what they have decided in regard to
he railroads Of this State. We wish
20 show what rights the railroad com. |
oanles have, and the rights of the com.
nunity in the premises. A railroad |
company is not bound to fence its
Dad, and is not liable to owners of
stray cattle killed thereon. This is
aid down by the Supreme Court in
skinner versus Railway Company. 10
'ennsylvania State Reports, page 29S.
Nor is the railroad company liable for
he value OF cattle killed on its track.
hough they escape from properly
enced enclosure without the knowi.
dge of the owner. This is laid down
q the case of North Pennsylvania
teilroad versus Sherman, 49 Pennsvl.
anna Reports, page 101. Also, where
railroad company in purchasing its
Ight OF way, binds itself to fence its
Dad through cultivated land. but nsg.
scts to do so, if cattle rove upon their
rack the company is Dot liable for the
llllng OF those cattle. Now | simply
'ish to call the attention ofthe House
what these decisions mean. In the
rst place a farmer has no rights
hich the railroad campany is bound
respect with regard to cattle run.
ing at large, and the Supreme Court t
as decided, as l have shown, that a J
abroad company is not responible for Z
attie injured or killed upon their G
'acks, whether roaming in the high. !
ay or breaking out Of a properly
need enclosure and getting upon the
aek. Now, the act which we present