Year: 1859

No. e2.l AN ACT


Providing for Enclosing Railroads by Fences


and Cattle Guards.


Section 1. BE it enacted By The General
assembly o;fthe State Of Ohio, That every
railroad company other party having the
| control or management of a railroad. the
whole or part of which shall be located with
in this state, shall, and is hereby required,
within two years after the passage of this act,
or within two years after commencing to run
cars thereon for the transportation of passen-
gers or freight, to construct and maintain good
aud sufficient fences en- both sides of such road
or such part thereof as shall be in running Or
der and located within the state. and also to
make and maintain sufficient nun Der of suit
able crossings for the accommodation of the
public, and of persons living near the line of
such railroad; together with the necessary cat
tle-guards 10 prevent cattle and other animals
from endangering themselves and the lives of
of passengers by getting upon such railroad,
and such company shall be liable Tor all dam.
ages which may result to horses, cattle or
other domestic animals by reason of the want
insufficiency of such fences road crossing
cattle-guards, or by any carelessuess or neg
ligence of such company, party, or agent or
agents thereof and no person shall ride, lead
or drive any horse, COW or any other domestic





railroad track, without the consent of such
company or party, under the penalty of foe
not exceeding ten dollas for every such offense,
to be recovered by such corporation or party
ia action hefnre instice of the peace of the
proper township, and the liability of all dam
ages which may be thereby occasioned; provid-
ed, that whenever such railroad shall pass
through or. along the boundary of any enclosed
field or fields. the pi oprietor or proprietors of
Il IL IL n Il - raA
t.. construct one half the fence necessary to
partition such inclosed lar DIS from the railroad
and the obstruction of the same may be in
forced in the same manner as are the partition
fences between two or more individual bound
aries: 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 COM
pany or other party having the control and
management of a railroad shall have erected
such fence or fences are required by the first
section Of this act, and any lands adj lcent
thereto, the owners of which have received a
compensation for the right Of way though the
same, are or shall be enclosed so that such
railroad fences shall FORM in whole or 10 part,
the enclos to such lands, the person or per-
sons owning the same shall pay to such railroad
company one half of the cost and expenses in
curred by the construction of SO much thereof
as serves as a partition fence, or one half tho
value of such fence at the time such inclosure
may be made a. the case may be, and whenev-
er any such latds shall have been enclosed by
the owner or occupyer thereof in such manner
that the inolosing fence, in whole or in part,
may be made to answer the purpose of enclos-
ing such railroad, the rail road company or
other party having the control and manage.
ment of the road, NAV ioin its fapees thereto