Wabash, St. Louis & Pacific Railway Co. v. Zeigler

Citations

• 108 Ill. 304
• 1884 Ill. LEXIS 1477

Syllabus

<p>Railroad—liability for double value of fence built by owner—statute construed. To entitle an owner of land over which a railroad is operated,' to recover of the railroad company double the value of any fence built by him upon its neglect to do so on proper notice, the statute must be strictly followed, and the fence must be such as the statute requires, and be built in the mode the statute contemplates. The fence must be built on the sides of the railroad. If built two feet inside of the right of way this penalty can not be recovered. It is not held, however, that the fence may not be built entirely on the company’s right of way, but in doing so it must be on the sides of the road.</p>