§ 40-27-102 — Fence right-of-way - cattle guards

(1) Every railway company
or corporation whose lines or roads, or any part thereof, are open for use, within six
months after the lines of such railways 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, shall erect and thereafter
maintain fences on the sides of their roads, or the part thereof open to use, where
the same pass through, along, or adjoining enclosed or cultivated fields or
unenclosed lands, with openings and gates therein to be hung and have latches and
hinges, so that they may be opened and shut at all necessary farm crossings of the
road, for the use of the proprietors or owners of the land adjoining such railroad,
and shall construct and maintain at all public road crossings good and sufficient
cattle guards.

(2) Such fences, gates, and cattle guards for the protection of livestock shall
be constructed as defined in section 35-46-101 (1), C.R.S., and shall 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, are not sufficient or not
in sufficiently good repair to accomplish the objective for which they are intended,
such railroad corporation shall be liable for any and all damages which are done by
the agent, employees, engines, trains, or cars of any other corporation permitted
and running over and upon their said railroad to any such cattle, horses, asses, or
mules thereon. When such fences, gates, and guards have been built and duly made
and are kept in good and sufficient repair, such railroad corporation shall not be
liable for any such damages unless the same were occasioned by the negligence or
carelessness of such railway company or corporation or the assignee or lessee
thereof.

(3) Where gates are constructed and maintained at farm crossings, opening
into enclosed pastures or cultivated fields, it is the duty of the owner or occupant of
such fields or pastures so provided with gates to see that such 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.

Legislative History

Source: L. 11: p. 400, � 1. C.L. � 2863. CSA: C. 139, � 49. CRS 53: � 116-8-2. C.R.S. 1963: � 116-8-2.