The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03
CHAPTER 346-H f NO. 574

CHAPTER 346-H. f. NO. 5T4.
AN ACT to amend section 81 of chapter
a. general statutes 1878, being section
2695, general statutes 1894, relating ~.
the liability Of company operatingta
railroad.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. Section fifty-seven (5), chap
ter thirtyfour (34) of the general statutes
of eighteen hundred and seventy-eight
QS7S), being section twenty-siX ninety
five (2695) of the general statutes OF
eighteen hundred and ninety-four QS9D
is hereby amended so as to read as fol-
lows:
Any company or corporation operating
a line of railroad in this state and which
company or corporation has failed or
neglected to fence said road, and to erect
crossings and cattle guards, and main
tain such fence, crossings and cattle
guards, shall hereafter be liable for all
damages sustained by any person in con.
sequence of such failure or neglect, ex-
cept that the measure of damages for the
failure to construct or maintain such
fence shall be as follows:
The owner of any land abutting the
line of railway of such company or COR
poration may serve a written notice on
any station agent of any such company or
corporation at any time between the first
day of April and October in any year,
that he requires the construction OF q
fence on the line between his land and
the right of way of such company or cor
poration. If such company or corporation
uOeS IOl Wlllllll 1Ofly NtUJ udyS lIOlu luo
time of serving such notice construct
such fence, such owner may recover in
a civil action as damages under the pro-
visions of this section an amount not eX-
ceeding twice the cost of constructing
such fence, together with costs and d
reasonable attorneys fee to be allowed by
the court, or such abutting owner may
construct legal fence on the line of such
right of way at any time after the eX-
piration of forty (40) days from the time
such notice was served. in case such COM
pany or corporation has failed to con-
struct such fence. and such company or
corporation shall be liable to him on ac-
count of the construction of such fence
for an amount equal to double the cost
of the fence. to be recovered in civil
reasonable attorneys fee. Such fence,
whether constructed by such railroad
or corporation or such abut-
ting owner, shall be maintained and
kept in repair by such company or cor
poration, and it shall be liable for all
damages growing out of its failure to
maintain and keep in repair such fence;
provided, that this act shall not repeal or
change in any way sections twenty
six ninety.three S269S) and twenty
statutes of eighteen hundred and
ninety-four QS9G but the same shall
remain in full force and effect.
and the liability of any railroad COM
panies for damages to stock therein and
thereby imposed shall in no way be
changed, released or modified: and such
company or corporation shall be liabIs
for domestic animals killed by reason or
its neglect to fence the road. notwith-
standing that notice to the company to
not have been served upon the company.
Sec 2. This act shall take effect and be
in force from and after it's passage.
Approved April %, 1897.