Western liberal. (Lordsburg, N.M.) 1887-1919, 1889-05-17
THE NEW RAILROAD FENCE LAW.

An4 AnW hAlhhUAU IGNOE LA W /.
An act for the protection Of live stock
against railroads iu the territory of New
Mexico, and for other purposes.
SEcrioN Thereafter every railroad
CORPORATION whose lines Of road, Or Eny
PAfl thereof, are open for use, shall, with
in ak mORsps after the passage Of this net,
and every railroad company formed or to
he form d, bpt whose lines are not now
epen 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 40 open for
use suitably and amply sufficient 70 pre-,
vent cattle, horses, .hseP, mules, buErOs
snd hogs from getting on the said rail
road, except at the crossings Of public
roads aud highways, uud within the
limits Of towns. cities and villages, and
shall also construct, where the same had
not already been done, and hereafter
maintain all public road crossings, now
'xisting, or hereafter established, cattle
guards suitable and sufficient to prevent
cattle, horses, sheep, burrcs, mules and
hogs from getting OH said railroad.
SEC. 2.--N henever any animal or ami
mails Of the above named classes shall be-
killed, injured or destroyed by any railroad
company running or operating a railroad
in this territory, itS RRentS, trainI, cars,
locomotives. at any point not fenced
rhSre by this act such line of railroad is
required to be fonCed, such killing, injury
or destruction is hereby made prima facis
vidence Of negligence on the part Of said
railroad company. and in case the railroad
company shall neglect or refrse to pay III.
value Of any property, cattle, horses, bur
! ros. sheep, mules or hogs 90 killed or de-
| stroyed, or to pay the damages sustained
by any Injury thereto, after ninety days
notice in writing given, accompanied by
IN affidavit Of the injury or destruction o.
said property, and Of the value Of the
same, OF the amount Of the. injury done
thereto, 10 any station agent employed in
! H. manage r;1...t Of tho business Of such
railroad company IA thS cV~aty wher' tsH
killing, Injury or destruction complained
Of shall have been committed, such rail
road compsny shall in an action brought
70 recover 4ansges therefor, DC held. aAd
they are hereby declared to be liable to
~ dOuhlc damages for the value Of the
property 30 injured, killed or destroyed, az
Aforesaid, unless Bald company shall be
ible to overcome the presumption of neg
igenee based upon the fact Of the killing.
injury or destruction SO herein provided
and 0atnblish that such killing. injury or
i"Atruction was not negligently done; pro-
'ided, that if the owner make claim for 4
greater value chan the property killed, III
iared or destroyed, or for greater damage
than was by him sustained, then and ,
.uch event, in case judgem.At shall be
rendered against the railroad company
anch judgement shall not be for a greater
mount than is the actual value OF
- property or Tor The actual damage sus-
:ained.
SEC. 8 That for the purposes of this
Sct good and sufficient fence is defined
% be barbed wire fence, consisting Of
three wires strung up and securely fAsten-
ed to substantial postp, not less than -four
eet and pine inches high. standing eight
feet apart, the Rrst and loWest wire to be
aot less than eighteen inches from the
ground, the top wire TO be four feet SIX
inches trou the ground. aud having
pine board three feet SIX iaches above the
ground.
SEo. Am act entitled "An act for the
protection of live stock against raiIvOgds
in the terrSaery Of New Mexico, and for
other purposes" approved February o.
1887, is hereby repealed.
SIC 5.-rhis act shall take effect and
be in force from and after lts passage.
Approved February 90 1889.