HIGHWAY FENCES.
Under the common law, the land owner is under no obligation to fence his land along a public highway. But in Missouri, Iowa, Illinois, Oregon, and some other Western and Southern States, the common law rule has been modified by statutes depriving the land-holder of his action for trespass, unless he maintains sufficient fences around his land. In these States, the owner of land must enclose it with sufficient fences if he would cultivate it. Even where there is no such statutory provisions, it is practically necessary to maintain highway fences, as a protection against cattle which are driven along the highway. The use of barb wire for fencing along the public roads has given rise to questions for which there were no precedents. A case was decided in the United States Circuit Court, at Watertown, New York, December 17, 1885. The action was brought by a horse breeder to recover damages from his neighbor for injuries sustained by the plaintiff’s horse from a barbed wire fence, stretched along the roadside in front of the defendant’s premises. A non-suit was granted on the ground that the animal received the injuries through the contributory negligence of its owner. Among the rulings of the court was one permitting the plaintiff to be questioned, to show the fact that he had on his own farm a similar fence, but of sharper form of barb. The court further held that it might be a question whether it would not be competent testimony to show the common employment of barb wire fence in that region, and held that for the purpose of this case, a barbed wire fence, if properly constructed upon the highway, must be deemed a legal fence.
It may be said in a general way, that though there is no legal obligation resting on the land-holder to maintain fences along the public highway, he neglects to do so at his own risk and peril.
WHAT IS A LEGAL FENCE?
What shall be necessary to constitute a legal and sufficient fence is specifically defined by the statutes of the several States, but there is no uniform rule among all. In Maine, New Hampshire, Massachusetts and many other States, it is provided that all fences four feet high, and in good repair, consisting of rails, timber, boards, or stone wall, and all brooks, rivers, ponds, creeks, ditches, hedges, and other things deemed by the fence viewers to be equivalent thereto, shall be accounted legal and sufficient fences. In Vermont, Connecticut, Michigan, and some other States, a legal fence must be four and a half feet high. In Missouri post fences must be four and one half feet high, hedges four feet high, turf fences four feet high, with ditches on each side three feet deep in the middle and three feet wide; worm fences must be five and one-half feet high to the top of the rider, or if not ridered, five feet to the top of the top rail, and must be rocked with strong rails, poles or stakes; stone or brick fences must be four and one-half feet high. In New York the electors of each town may, by vote, decide for themselves how fences shall be made, and what shall be deemed sufficient. No part of the fence law is so definitely regulated by the statutes of the respective States as the requirements of a legal fence. In all cases where practical questions arise involving this point, it is best to consult the statutes, which will be found in the office of the township clerk.
RAILROAD FENCES.
In nearly every State, railroad companies are required by statute to construct and maintain legal and sufficient fences on both sides of their roads, except at crossings of public highways, in front of mills, depots, and other places where the public convenience requires that they shall be left open. The legal obligations of railroad companies to fence their roads rest wholly upon such statutes. In New Hampshire it is provided that if any railroad company shall neglect to maintain such fences, the owner of adjoining land may build them, and recover double the cost thereof of the company. It is generally held by the courts in all the States that, in the absence of such fences the railroad company is liable for all resulting damage to livestock, and no proof of contributory negligence on the part of the owner of livestock is allowed as a plea in defence, the statute requiring such fences being a police regulation. When the railroad company has built a sufficient fence on both sides of its road, it is not liable for injuries which may occur without negligence on its part. If the fence is overthrown by wind or storms, the company is entitled to reasonable time in which to repair it, and if cattle enter and are injured, without fault on the company’s part, it is not liable. If cattle stray upon the track at a crossing of a public road, and are killed, the owners cannot recover damages, unless the railroad company is guilty of gross negligence or intentional wrong. A law in Alabama making railroad companies absolutely liable for all stock killed on the tracks, was held to be unconstitutional.
CHAPTER XIV.
COUNTRY BRIDGES AND CULVERTS.
STRENGTH OF BRIDGES.
Bridge building is a profession of itself, and some of the great bridges of the world are justly regarded as among the highest achievements of mechanical science and skill. But it is proposed to speak in this work only of the cheap and simple structures for spanning small streams. The measure of the strength of a bridge is that of its weakest part. Hence, the strength of a plain wooden bridge resting upon timber stringers or chords, is equivalent to the sustaining power of the timbers in the middle of the span. The longer the span, other things being equal, the less its strength. The following table shows the sustaining power of sound spruce timber, of the dimensions given, at a point midway between the supports: