American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 19
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... of fact, to be determined according to the facts and circumstances presented by the evidence. In Fezler 21. Willmar & Sioux Falls R'y Co., 85 Minn. 252, 88 N. W. Rep. 746, it was held as a matter of law that the absence of the fence was not the proximate cause of the injury there complained of. So on this feature of the case the trial court correctly instructed the jury. It is also urged that the court erred in stating to the jury that a fence constructed in accordance with the provisions of section 2055. Gen. St. 1894, would be a compliance with the railroad fence law; it. a being insisted, in this connection, that as the right of way in question extended along and adjacent to a public street, the company was required to fence the same in accordance with the provisions of section 2698. That statute was passed in I870, and is the first railroad fence law enacted by our Legislature. It provides that it shall be the duty of every railroad corporation within this State to cause its line of road, when operated along or upon the line of any public road or highway, or parallel thereto and within 100 feet distant therefrom, to erect and maintain a suitable and substantial post and board or stone fence, at least five feet in height, along or near the line of its road, so as to separate the same from the highway and prevent the passage of teams or animals over the track at places other than regular and properly constructed crossings. It is insisted that this statute is still in force, and that, as the evidence is conclusive of defendant's failure to comply with it, the court erred in instructing the jury that the fence provided for by section 2055 was sufficient. An examination of the various statutes on this subject leads to the...
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