Year: 1859

mo. 92.] AN ACT


Providing for Enclosing Railroads by Fences


and Cattle Guards.


Section /. Be 1t enacted 6y the GeEerak
Assembly Of The State Of Ohio, That every
railroad company or other party having the
control or management of railroad, the
whole or part of which shall be located
within this state, shall, and is hereby requir-
ed, within two years after the passage of this
act, or within two years after commencing
to run cars thereon tor the transportation Of
passengers or freight, to construct and main
tain good and sufficient fences on both sides
OF such road, or such part thereof as shall be-
in running order and located within this
state, and also to make and maintain suf.
tcient number of suitable crossings for the
accommodation Of the public, and of persons
living near the line of such railroad togeth.
er with the necessary cattle. guards to pre-.
vent cattle and other animals from endan-
gering themselves and the lives of passen-
gers by getting upon such railroad, and such
company shall be liable for all damages
which may result TO horses, cattle or other
domestic animals by reason of the want or
insutiicency of such fences, road crossings
or cattle guards, or by any carelessness or
negligence OF such company, party, or agent
or agents thereof and no person shall ride,
lead or drive any horse, cow or other do
mestic animal into such inclosure and upon
such railroad track, without the consent of
such company or party, under penalty of
fine not exceeding ten dollars for every such
offence, to be recovered by such corporation
or party in an action before justice OF tho
peace of the proper township, and the liabil.
lty OF all damages which may be thereby oc-
| casioned provided, that whenever such rails
road shall pass through or along the bound.
ary of any inclosed field or fields, the propri.
etor or proprietors of such inclosed field or
fields is hereby required to construct one-
half the fence necessary TO partition such in.
closed lands from the railroad, and the con-
structon OF the same may be inforced in the
same manner as are the partition fences be-
tween two or more individual boundaries
provided further, that any person or persons
desiring private crossing or crossings and
cattle guards as contemplated by this act,
shall be responsible for one. half the expense
OF constructing and maintaining the same.


Sec. 2. That whenever any railroad conf-
pany or other party having the control and
vi SIlulI UuVG erected
such fence or fences as are required by tho
first section of this act, and any lands adia-
cent thereto, the owners of which have re.
ceived compensation for the right of way
through the same, are or shall be inelosed so
that such railroad fences shall form, in whole
or in part, the inclosure to such lands, the
person or persons owning the same shall pay
to such railroad company one.half fthe cost
and expenses incurred by the construction of
so much thereof as serves as o partition
fence, or one half the value of such fcnce at
the time such inclosure may be made, as the
case may be, and whenever any such lands
shall have been inciosed by the owner or
occupier thereof in such manner that the in-
closing fence, in whole or in part, may be
made to answer the purpose ofinclosing such
railroad, the railroad company or other party
having the control and management Of the
road, may join its fences thereto upon pay
ing to such owner or occupier one.half the
cost or one-half the cash value of so much
OF such fence as serves to inclose the rail-
road, aud in all cases where either the rail-
road company or other party having the con-
troll and management of railroad, or the
owner or occupier of lands adjoining, shall
refuse 70 pay, as required by the provisions
of this section, one-half the cost or one. half
the cash value of so much fence as shalt
have been built by the other, and serves the
double purpose Of inclosing the railroad and
the adjoining lands, the same may be recov-
cred before any court of competent iurisdic.
lion in civil action.


Sec. 8. That when such fences are duly
made, they shall be kept in repair in all re:
'pects as partition fences are now by law
'eguired to be kept in repair.


Sec. A. Nothing contained in this act
shall be held to affect in any manner any
contract or agreement between any railroad
company or other party having the control
md management OF a railroad, and the pros
rietors or occupiers Of lands adjoining for