Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1884-06-13
THE RAILROAD FENCE LAW.
COPY OF THE LAW-ITS PROVISIONS
IT GOES INTO EFFECT IN MARCH, 1855

| A COPY OF THE LAW-ITS PROVISIONS
IT GOES INTO EFFECT IN MARCH, 1885.
&C., &C., &C.
| In compliance with number of requests
| from our county subscribers we have
obtained copy of the new Railroad fence
law. and publish it below. 1t is of much
interest, though it does not 60 into effect
until March, 1885.
| CHAP 54.-An ACT to lessen the danger of travel
ing on railroads and to require them to erect
suitable derots and to fence in railroad beds.
Approved March 49, 1884.
1. BE it enacted by the general assem-
bly, of Virginia, That in order to prevent
the frequent occurrence of accidents on
railroads. and the consequent destruction
of life and property, and in order to lessen
the danger to the travelling public and the
officers and hands engaged in running the
trains over the said rail- Dads, it shall be
the duty Of all railroad companies char
tered by the state of Virginia, and now
doing business in the state, and such as
may hereafter be constructed under char
tiers already granted, or which may be
hereafter granted, to establish at depots
on their respective lines, not more than
than ten miles apart, telegraph offices, to
be operated by competent persons in the
employ of such railroad company, whose
duty it shall be to telegraph the arrival
and departure of each and every train so
soon as the same shall leave the depot to
the Office of the master of trains or other
in, 0ho Of fhA
same; or if there be no such person, then
to the telegraph station nearest thereto in
the direction in which such train is 60
ing, and the person in charge of the run
ming of the trains shall forthwith issue
such orders or give such notification by
telegraph as may be necessary to prevent
any collision provided however, that the
board of public works may grant to any
such company permission to have such
telegraph stations in any special case at a
distance from each other greater than ten
but not more than fifteen miles. and such
stations may then be erected in accord
ance with such permission.
FENCING THE ROAD.
2. 1t ehall be the further duty of all
such railroad companies to erect, or cause
to be erected along the lines of their re-
spective roads, and on both sides Of their
road-beds, through enclosed farms and
lots, good and substantial lawful fence,
as defined by the act of assembly now in
force, which may be made of timber or
wire, or of both, and keep the same in
hair foi - ID
they shall be liable as hereinafter set
forth.
CATTLE STOPS.
8. The said railroad companies, in build
ing the fences herein provided for, shall
not obstruct any public or private cross
ing, but shall on each side of such cross
ings. and at all other places necessary to
keep stock from tresspassing or entering
the road enclosures erect good and suffi
Gent cattle stops, and keep the same in
order, to which the fence shall be joined:
provided that in case of private crossings.
the said cattle stops may be dispensed
with by the consent of those interested
therein. the said railroad company in lieu
thereof, to build and keep in order good
and substantial gates for the accommoda-
ton of the persons entitled to such pri-
vate crossings.
4. 1t shall be lawful for the said rail-
road companies, after building the fences
herein provided for, to remove and dis
continue all cattle stops along their re-
spective roads. except those provided for
in this act, and in lieu thereof, the own
ers of contiguous lands shall have the
right to connect and join their fences to
those of the railroad company at such
points as they may think proper.
LIABILITY UNTIL THE FENCING IS
MADE.
5. Until the said railroad companies
shall have built the fences according to
the requirements Of this act, they shall be
liable AMI compelled to pay the value o
all stock killed, and damages for all stockt
injured, to the owners thereof, to BE- re-
covered according to the provisions of
law now in force, or which may hereafter
be passed, and in order to such recovery,
it shall not be necessary for the claimant
to prove negligence on the part of the
company or its officers and employees.
POPULATIONS OF THE FENCING.
6. The provisions of this act in relation
to fences, shall not apply to that part of
the road-bed of any railroad company en-
braced within the corporate limits of any
incorporated City or town, nor of town
or village uninc0rporated, fer the distance
of one-quarter of a mile each way from
tha cOmpany's depot situated in such
town or village; nor along such parts of
any railroad where the cuts are deep and
the banks sufficiently steep to prevent the
passage OF stock nor where the company
las paid to the owner of the land dam
ages for making and keeping IN repair
thereof as pass through counties where
no-fence law exists, except in such instan-
ces as the road may pass through enclos-
ed lands: provided that the burden of
proving such payment shall be upon the
company, and no report of any commits
sloners appointed to assess damages shall
be taken and held as proof thereof, unless
it shall plainly appear upon the face of
such report, or from other sufficient evil
deIce, that an estimate Was made for
fencing, and that the cost of the same en-.
tered into and constituted part of the
sum reported and paid. But such report
may 60 to the jury to be considered by them
with such parole evidence as may be in
troduced. And any railroad company or
person Interested in the question, may
perpatuate the evidence that SUCH esti-
mate has been made by taking the depo-
sitioBs de bene esse Of the commissioners
making the same, or any of them in a like
manner as other dannSitInns de hena asse