The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-23
RAILROAD NEWS.
A safety Habit" Lesson Taught
by J. d. N. Hamilton.
How Live Stock Losses Can BE
Prevented.
SANTA FE is FENCED
Nearly All Of Main Line Is En-
closed With Wire.
Other Items Of General Interest
in Traffic World.
SANTA FE Is FENCED

Las Vegas. n. NJ, June 2S.-'On the
Ato9,5so,, 2Toner during the fiscal year
ending June 80, 1910, our trains killed.
and crippled 1888 head Of stock, Loo OF
these having been settled at a cost Of
S45, So 5O'' said J. D. M, Hamilton OF
here the other day. Il am pleased 10
pay that this is the smallest number
of head Of stock killed in any fiscal
wear since I took charge of the claim
department, some fourteen years ago.
We should not, however, flatter our
selves too much on the fact that the
number of head killed have decreased.
as we must realize that the santa re
proper is now practically fenced from
one end to the other. The western
country is being fenced and is becom-
ing more populated and range animals
particularly do not run at large IN
great numbers in the vicinity OF our
lines as they did in years gone by.
IT am satisfied that the number of
stock killed can be materially de-
creased if we would all of US pay more
attention to the condition OF FENCES and
cattle guards. It is the experience OF
myself and adjusters, that a NUMBER OF
animals that get killed are reported as
having gone over cattle guards, Wnen
as a matter of fact they get through
onto our right Of way in other ways
Fences should be built and repaired not
merely with the idea OF being able 10
saw we have a fence but for the pur-
pose Of keeping stock from settlng
through it. Several of the states
through which We run have statutes
reading that a fence must be built sur
fieient TO turn stock, and practically all
Of our courts hold that the fact of an
animal getting through fence Is
prima facie evidence that the fence
was not in good condition, and no mat
q G
Of the fence prior to the happening of
the accident. the question is left to e
jury to decide.
zone prolific cause of stock getting
killed is that gates in right Of way
fences. are left open. On some portions
of the line our courts hold that It is the
duty of he railway company to keep
gates closed, and I think section fore
men should be required to close every
right Of way gate that they see open,
and in cases where they find certain
gates open frequently, they should go
and talk with the land owner in nice
way and try and prevail upon him TO
assist in keeping the gates closed
Frequently we see animals picketed
on the right of way, especially where
they belong to our employees, and do
not think this should be permitted. 1t
must be remembered that aside from
the cost of paying for stock killed.
there is always a possible danger OF
having our engines and trains derailed
through the striking Of these animals,
thus causing loss Of life, injury and de-
struction of property. We are liable
for negligence at all times, and the fact
that an animal is struck on public
crossing, in town limits, or at other
places where we are not required to
fence is not sufficient to relieve US OF
our liability when negligence is proved
on the part Of the enginemen operating
the train"