66-230. Cattle guards at crossings; duties as to gates.

66-230

Chapter 66.--PUBLIC UTILITIES
Article 2.--DUTIES AND LIABILITIES OF RAILROAD COMPANIES

      66-230.   Cattle guards at crossings; duties as togates.When any railroad runs through any improved and fenced farm lands andbetween an occupied dwelling and other main farm buildings; or whereverat the time of the passage of this act, any railroad right of way liesalongside of and contiguous to a public highway through any improved andfenced farm land upon which is a dwelling actually occupied as a farmresidence, and it is necessary for the occupants of suchdwelling topass across the right of way of the railroad in order toreach the mainpublic highway or get to their farm lands to cross therailroad, thenand in either case the railroad company shall, at therequest inwriting of the owner of such farm, make and maintain proper cattleguards on such railroad on both sides of the crossing so used for farmpurposes. It shall not be necessary for theoccupantsof such land to keep the gates in the fences at such farm crossingsclosed where such cattle guards are installed except that the railroadcompany shall not be responsiblefor damage done tostock at such crossing described under this act when the gates at suchcrossing are open.

      History:   L. 1919, ch. 243, § 1;R.S. 1923, 66-230;L. 2005, ch. 21, § 8; July 1.