The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-05-24
Railroad Fence Law of Iowa.

As Railroad Fence law has engaged
the attention Of the Legislature, we will
reproduce from the Chicago Journal the
law Of Iowa on the question: The Iowa
statute says Code Of 1873, section L.
289); "Any corporation operating a
railway that fails to fence the same
against live stock running at large, at
all points where such right to fence ex-
lists, shall be liable to the owner Of such
stock injured or killed by reason of the
want ofsuch fence for the property, or
damaged caused, unless the same was
oecasioned by the willful act Of the own
er or his agent provided, that no law
Of the State, nor any local or police reg
uIations fanny county, township, city or
town, regulating the restraint of domes-
tic animals, or in relation to fence or
farmers or landowners, shall be applica-
bic to railroad tracks, unless so speeifi-
cally stated in the law or regulation"
The Journal adds that under this sec
ton the Supreme Court has, in numer-
Gus cases, decided that if a railroad COM
pany fails to fence its road, where it has
the right to do so, it is liable for stock
injured or killed by reason of the want
of such fence, unless the injury is occa-
stoned by the willful act Of the owner.
The company will also be liable for stock
killed or injured on its track by reason
of its failure to keep the fences in re-
pair which it has erected, but the COM
pany must first have knowledge, actual
or implied, that the fence was out Of re-
pair, and this rule applies where gates
or bars are left open by third persons.
The liability also applies to hogs run
ming at large, although swine may
be prohibited from running at large by
vote of the electors Of the county
wherein the injury occurs, unless the
injury was caused by the willful act of
the owner. This liability does not,
however, attach to all places where the
company has the abstract right to fence,
but only where in the particular case
it is fit, proper and suitable that fence
should be built. sat highway crossings
fences must be built to, and cattle
guards erected at, such crossings. Stock
running at large, by permission of the
owner, in the vicinity of railway
crossing, known to be dangerous, is no
bar to recovery for injury to stock
caused by negligence of the company.
The company is not liable unless the
stock is running at large. Running
at large" is defined us when they have
escaped from the enclosure of their
owner, through which the road runs, by
reason of the company failing to main
tain a sufficient fence along its road.
If cattle, while being driven by the
owner or his agent, escape and run on
the track the company is not liable, for
they are not then running at large"
within the meaning of this section.
Railroad companies are required TO con-
struct and maintain cattle guards
wherever their tracks enter or leave any
improved land also where the track
passes through fences dividing the lands
of the same owner, or different owners,
and they are liable for injuries result
ing from neglect to do so.
Where two companies use the same
track each is liable for injuries caused
by its own trains. A lessee of rail-
road is equally liable for injury to live
stock,