Stovall v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 83 Kan. 735
• 112 P. 740
• 1911 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury to Stock upon Right of Way — Statutory Fence. Where the road of a railway company which runs, through the farm of the plaintiff was legally fenced through the farm, except for a distance of thirty feet, over which the owner built a fence, including gates, for his own convenience, which fence diverged about fifteen feet from the right of way and connected at each end with the fence of the railway company, thus leaving a passageway between his fields and also to a private crossing of the railroad, it will be deemed to be a substantial inclosure of the railroad with a fence within the statute, and the owner can not recover for the killing of an animal which passed through a gate on his land, where the only negligence alleged is the failure of the railway company to perform the statutory duty of fencing-its road through his farm.</p>