State Codes and Statutes

Statutes > New-york > Rrd > Article-3 > 52

§  52.  Fences,  farm  crossings  and  cattle-guards.  Every  railroad  corporation, and any lessee or other person in possession of  its  road,  shall,  before  the lines of its road are opened for use, and so soon as  it has acquired the right of way for its roadway, erect  and  thereafter  maintain  fences  on  the  sides  of  its  road  of  height and strength  sufficient to prevent cattle, horses, sheep and hogs from going upon its  road from the adjacent lands, with  farm  crossings  and  openings  with  gates  therein  at  such farm crossings whenever and wherever reasonably  necessary for the use of the  owners  and  occupants  of  the  adjoining  lands,  and  shall  construct  where  not  already  done,  and hereafter  maintain, cattle-guards at all road crossings, suitable  and  sufficient  to  prevent cattle, horses, sheep and hogs from going upon its railroad.  So long as such fences and cattle-guards are not made,  or  are  not  in  good  repair,  the corporation, its lessee or other person in possession  of its road, shall be liable for all damages done  by  their  agents  or  engines  or  cars to any domestic animals thereon. When made and in good  repair,  they  shall  not  be  liable  for  any  such  damages,   unless  negligently  or  wilfully  done.  A  sufficient  post  and wire fence of  requisite height shall be deemed a lawful fence within the provisions of  this section, but barbed wire shall not be used in its construction.    No railroad need be fenced, when  not  necessary  to  prevent  horses,  cattle,  sheep  and  hogs  from  going upon its track from the adjoining  lands. Every adjoining land owner, who, or whose grantor,  has  received  compensation  for fencing the line of land taken for a railroad, and has  agreed to build and maintain a lawful fence along such line, shall build  and maintain such fence. If such owner, his heir  or  assign  shall  not  build such fence, or if built, shall neglect to maintain the same during  the  period  of  thirty  days after he has been notified so to do by the  railroad  corporation,  such  corporation  shall  thereafter  build  and  maintain  such  fence, and may recover of the person neglecting to build  and maintain it the expense thereof. And when such railroad shall  cross  timbered  or  forest  lands,  the  company  shall construct and maintain  suitable and sufficient  crossings,  whenever  and  wherever  reasonably  necessary  to  enable  the  respective owners of said lands to transport  logs, timber and lumber for manufacture or sale, or for banking  on  any  stream, to be floated or driven down the same. In case of any neglect or  dispute   the  supreme  court  may  by  mandamus  or  other  appropriate  proceedings, compel the same, and also fix the point or location of  any  such crossing.    As used in this section, the term "farm crossings" shall mean at-grade  rail  crossings  that  are  utilized  primarily  as  access  to and from  adjoining property which is actively used for  farming  or  agricultural  purposes by the owner or by the tenant of such property.

State Codes and Statutes

Statutes > New-york > Rrd > Article-3 > 52

§  52.  Fences,  farm  crossings  and  cattle-guards.  Every  railroad  corporation, and any lessee or other person in possession of  its  road,  shall,  before  the lines of its road are opened for use, and so soon as  it has acquired the right of way for its roadway, erect  and  thereafter  maintain  fences  on  the  sides  of  its  road  of  height and strength  sufficient to prevent cattle, horses, sheep and hogs from going upon its  road from the adjacent lands, with  farm  crossings  and  openings  with  gates  therein  at  such farm crossings whenever and wherever reasonably  necessary for the use of the  owners  and  occupants  of  the  adjoining  lands,  and  shall  construct  where  not  already  done,  and hereafter  maintain, cattle-guards at all road crossings, suitable  and  sufficient  to  prevent cattle, horses, sheep and hogs from going upon its railroad.  So long as such fences and cattle-guards are not made,  or  are  not  in  good  repair,  the corporation, its lessee or other person in possession  of its road, shall be liable for all damages done  by  their  agents  or  engines  or  cars to any domestic animals thereon. When made and in good  repair,  they  shall  not  be  liable  for  any  such  damages,   unless  negligently  or  wilfully  done.  A  sufficient  post  and wire fence of  requisite height shall be deemed a lawful fence within the provisions of  this section, but barbed wire shall not be used in its construction.    No railroad need be fenced, when  not  necessary  to  prevent  horses,  cattle,  sheep  and  hogs  from  going upon its track from the adjoining  lands. Every adjoining land owner, who, or whose grantor,  has  received  compensation  for fencing the line of land taken for a railroad, and has  agreed to build and maintain a lawful fence along such line, shall build  and maintain such fence. If such owner, his heir  or  assign  shall  not  build such fence, or if built, shall neglect to maintain the same during  the  period  of  thirty  days after he has been notified so to do by the  railroad  corporation,  such  corporation  shall  thereafter  build  and  maintain  such  fence, and may recover of the person neglecting to build  and maintain it the expense thereof. And when such railroad shall  cross  timbered  or  forest  lands,  the  company  shall construct and maintain  suitable and sufficient  crossings,  whenever  and  wherever  reasonably  necessary  to  enable  the  respective owners of said lands to transport  logs, timber and lumber for manufacture or sale, or for banking  on  any  stream, to be floated or driven down the same. In case of any neglect or  dispute   the  supreme  court  may  by  mandamus  or  other  appropriate  proceedings, compel the same, and also fix the point or location of  any  such crossing.    As used in this section, the term "farm crossings" shall mean at-grade  rail  crossings  that  are  utilized  primarily  as  access  to and from  adjoining property which is actively used for  farming  or  agricultural  purposes by the owner or by the tenant of such property.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rrd > Article-3 > 52

§  52.  Fences,  farm  crossings  and  cattle-guards.  Every  railroad  corporation, and any lessee or other person in possession of  its  road,  shall,  before  the lines of its road are opened for use, and so soon as  it has acquired the right of way for its roadway, erect  and  thereafter  maintain  fences  on  the  sides  of  its  road  of  height and strength  sufficient to prevent cattle, horses, sheep and hogs from going upon its  road from the adjacent lands, with  farm  crossings  and  openings  with  gates  therein  at  such farm crossings whenever and wherever reasonably  necessary for the use of the  owners  and  occupants  of  the  adjoining  lands,  and  shall  construct  where  not  already  done,  and hereafter  maintain, cattle-guards at all road crossings, suitable  and  sufficient  to  prevent cattle, horses, sheep and hogs from going upon its railroad.  So long as such fences and cattle-guards are not made,  or  are  not  in  good  repair,  the corporation, its lessee or other person in possession  of its road, shall be liable for all damages done  by  their  agents  or  engines  or  cars to any domestic animals thereon. When made and in good  repair,  they  shall  not  be  liable  for  any  such  damages,   unless  negligently  or  wilfully  done.  A  sufficient  post  and wire fence of  requisite height shall be deemed a lawful fence within the provisions of  this section, but barbed wire shall not be used in its construction.    No railroad need be fenced, when  not  necessary  to  prevent  horses,  cattle,  sheep  and  hogs  from  going upon its track from the adjoining  lands. Every adjoining land owner, who, or whose grantor,  has  received  compensation  for fencing the line of land taken for a railroad, and has  agreed to build and maintain a lawful fence along such line, shall build  and maintain such fence. If such owner, his heir  or  assign  shall  not  build such fence, or if built, shall neglect to maintain the same during  the  period  of  thirty  days after he has been notified so to do by the  railroad  corporation,  such  corporation  shall  thereafter  build  and  maintain  such  fence, and may recover of the person neglecting to build  and maintain it the expense thereof. And when such railroad shall  cross  timbered  or  forest  lands,  the  company  shall construct and maintain  suitable and sufficient  crossings,  whenever  and  wherever  reasonably  necessary  to  enable  the  respective owners of said lands to transport  logs, timber and lumber for manufacture or sale, or for banking  on  any  stream, to be floated or driven down the same. In case of any neglect or  dispute   the  supreme  court  may  by  mandamus  or  other  appropriate  proceedings, compel the same, and also fix the point or location of  any  such crossing.    As used in this section, the term "farm crossings" shall mean at-grade  rail  crossings  that  are  utilized  primarily  as  access  to and from  adjoining property which is actively used for  farming  or  agricultural  purposes by the owner or by the tenant of such property.