Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-08
An act for the protection OF live stock
against railroads in the territory Of New


against railroads in the territory OF New
Mexico, and for other purposes.
Section Thereafter every railroad
corporation whose lines of road, or any
part thereof, are open for use, Shall, within
six months after the passage OF this act,
and every railroad company formed or to
be formed, but whose lines are not now
open for use, shall, within six months
after the lines of such railroad or any
part thereof are open, erect and thereafter
maintain fences on the sides Of their said
railroad, or the part thereof so open for
use suitably and amply sufficient to pre-
vent cattle, horses, sheep, mules, burros
and hogs from getting on the said railroad,
except at the crossings OF public roads
and highways, and within the limits OF
towns, cities and villages, and shall also
construct, where the same had not al
ready been done, and hereafter maintain
all public rosd crossings, now existing or
or hereafter established, cattle guards
suitable and sufficient to prevent cattle,
horses, sheep, burros, mules and hogs
from getting on to said railroad.
Sec. 2.-Whenever any animal or
animals of the above named classes shall
be killed, injured or destroyed by any
railroad company running or operating
railroad in this territory, its agents, trains,
cars, locomotives, at any point not
fenced, whereby this act such line OF
railroad is required to be fenced, such
killing, injury or destruction is hereby
made prima facie evidence of negligence
Oh the part of said railroad company, and
in case the railroad company shall neglect
or refuse to pay the value OF any property,
cattle, horses, burros, sheep, mules or
hogs, so killed or destroyed, or to pay the
damages sustained by any injury thereto,
after ninety days notice in writing given,
accompanied by an affidavit of the injury
or destruction OF said property, and OF the
value of the same, or the amount OF the
injury done thereto, to any station agent
employed in the management OF the buol-
ness OF such railroad company in the
county where the killing, injury or de-
struction complained of shall have been
committed, such railroad company shall,
in an action brought to recover damages
therefor. be held, and they are hereby de-
Jared to be liable to pay double damages
for the value of the property so injured,
killed or destroyed, as aforesaid, unless
said company shall be able to overcome
the presumption of negligence based upon
the TACT of the killing, injury or destruc-
ton rs herein provided and establish that
such killing, injury or destruction was not
negligently done; provided, that if the
owner make claim for greater value than
the property killed, injured or destroyed,
or for greater damage than was by
him sustained, then, and, in such event,
in case judgment shall be rendered against
the railroad company, such judgment
shall not be for greater amount than the
actual value of the property or for the
actual damage sustained.
Sec. 3.-That for the purposes of this
act good and sufficient fence is defined
to be.a barbed wire fence, consisting of
three wires strung up and securely fast
ened to substantial posts, not less than
four feet and nine inches high, standing
eight feet apart, the first and lowest wire
to be not less than eighteen inches from
the ground, the top wire to be four feet
six inches from the ground, and having Il
pine board three feet six inches above the
ground.
Sec. Am oct entitled AN act for the
protection of live stock against railroads
in the territory of New Mexico, and for
other purposes" approved February "a,
1887, is hereby repealed
Sec. 5.-This act shall take effect and
be in force from and after its passage.
Approved Feb. %, 1889.