The Glenwood post., 1911-08-12
The New Stock ki|Iing Act
How Stock kiIed by Railroads will Be Handled
in the Future by Stock Inspection bOard

to the killing of stock by railroads will
take effect. Under the new act the
work of settling for stock so killed will
be handled by the stock inspection
board. 1t will be necessary for local
stock associations to arrange to have
special inspectors appointed for the
purpose of reporting on stock killed as
provided for in the act. Stockmen
should read the new law carefully 1t
is as follows:
Text of the Law
Section /. That every railway com
pany or corporation whose lines or road,
or any part thereof, is open for use,
shall, within six months after the pas
sage Of this act, and every railway
company or corporation formed OF to
be formed, but whose lines are not now
open for use, shall within six months
after the lines of such railway or any
part thereof are open, except at the
crossings of public roads and highways,
and within the limits of incorporated
towns and cities, or the yard limits Of
established stations, erect and there
after maintain fences on the sides OF
their said roads, or the part thereof
open to use, where the same passes
through, along or adjoining enclosed or
cultivated fields or unenclosed lands,
with openings and gates therein to be
hung and have latches and hinges, 50
that they may be opened and shut al
all necessary farm crossings of the
road, for the use of the proprietors or
owners of the land adjoining such rail
road; and shall also construct, where
the same has not already been done,
and hereafter maintain at all public
road crossings now existing, or here
after established, good and sufficient
cattle guards. Such fences, gates and
cattle guards for the protection of live
stock shall be constructed as defined in
Section 1887, R. s. 1908, and be amply
sufficient to prevent horses, mules,
asses and cattle from getting on said
railroads; and, so long as such fences
and guards, or any part thereof, is not
sufficient or not in sufficiently good re.
pair to accomplish the object for which
the same, as herein prescribed is in
tended, such railroad corporation shall
be liable for any and all damages which
shall be done by the agent, employees,
engines, trains or cars of any other cor
poration permitted and running over
and upon their said railroad to any
such cattle, horses, asses or mules there
on; and when such fences, gates and
guards have been built and duly made
and shall be kept in good and sufficient
repair, such railroad corporation shall
not be liable for any such damages un
less the same were occasioned by the
negligence or carelessness of such rail
way company, corporation, assignee OIL
lessee thereof. Provided, however, that
where gates are constructed and main
tanned at farm crossings openings into
enclosed pastures or cultivated fields,
as provided in this section, it shall be
the duty of the owner or occupant OF
such fields or pastures so provided with
gates, to see that such gate or gates
are kept closed at all times when not
actually in use, and where it is shown
that any such gate has been left open
the owner or occupant of such lands
shall be held responsible for any stock
killed or damaged because of such open
gate.
Sec. 2. Any railroad company here
after running or operating its roads IN
this state and failing to fence on botb
sides thereof against live stock running
at large at all points as herein provided,
shall be absolutely liable to the owners
of any such live stock killed, injured Or
damaged by their agents, employees, en-
gines or cars, or by the agents, en-
ployes engines or cars belonging to
any other railroad company or corpora
tion running over and upon such road
or there being.
Sec. 8. Any railway company or cor
poration or assignee or lessee thereof,
whose road is enclosed with good and
sufficient fences, gates and cattle
guards, as hereinbefore provided, capa-
BILE of keeping such animals from being
upon such road, may plead and prove
the same as a defense to any action
under this act for any killing, damag.
ing or injury to such animals occurring
within such enclosure; but such plea
or fact shall not be held to preclude the
owner or his agent from showing that
such killing, damage or injury was
caused by the negligence or careless
ness if such railway company or corpo-
ration, assignee or lessee thereof, for