§ 52 — Fences, farm crossings and cattle-guards

New York § 52

• Jurisdiction: New York
• Law RRD: Railroad
• Art. 3: Construction, Operation and Management

Text

§ 52. Fences, farm crossings and cattle-guards. Every railroad\ncorporation, and any lessee or other person in possession of its road,\nshall, before the lines of its road are opened for use, and so soon as\nit has acquired the right of way for its roadway, erect and thereafter\nmaintain fences on the sides of its road of height and strength\nsufficient to prevent cattle, horses, sheep and hogs from going upon its\nroad from the adjacent lands, with farm crossings and openings with\ngates therein at such farm crossings whenever and wherever reasonably\nnecessary for the use of the owners and occupants of the adjoining\nlands, and shall construct where not already done, and hereafter\nmaintain, cattle-guards at all road crossings, suitable and sufficient\nto prevent cattle, horses, sheep and hogs from going upon its railroad.\nSo long as such fences and cattle-guards are not made, or are not in\ngood repair, the corporation, its lessee or other person in possession\nof its road, shall be liable for all damages done by their agents or\nengines or cars to any domestic animals thereon. When made and in good\nrepair, they shall not be liable for any such damages, unless\nnegligently or wilfully done. A sufficient post and wire fence of\nrequisite height shall be deemed a lawful fence within the provisions of\nthis section, but barbed wire shall not be used in its construction.\n No railroad need be fenced, when not necessary to prevent horses,\ncattle, sheep and hogs from going upon its track from the adjoining\nlands. Every adjoining land owner, who, or whose grantor, has received\ncompensation for fencing the line of land taken for a railroad, and has\nagreed to build and maintain a lawful fence along such line, shall build\nand maintain such fence. If such owner, his heir or assign shall not\nbuild such fence, or if built, shall neglect to maintain the same during\nthe period of thirty days after he has been notified so to do by the\nrailroad corporation, such corporation shall thereafter build and\nmaintain such fence, and may recover of the person neglecting to build\nand maintain it the expense thereof. And when such railroad shall cross\ntimbered or forest lands, the company shall construct and maintain\nsuitable and sufficient crossings, whenever and wherever reasonably\nnecessary to enable the respective owners of said lands to transport\nlogs, timber and lumber for manufacture or sale, or for banking on any\nstream, to be floated or driven down the same. In case of any neglect or\ndispute the supreme court may by mandamus or other appropriate\nproceedings, compel the same, and also fix the point or location of any\nsuch crossing.\n As used in this section, the term "farm crossings" shall mean at-grade\nrail crossings that are utilized primarily as access to and from\nadjoining property which is actively used for farming or agricultural\npurposes by the owner or by the tenant of such property.\n