Page:United States Statutes at Large Volume 31.djvu/599

 FIFTY-SIXTH CONGRESS. SEss. I. Ch. 786. 1900. 547 CHAPTER THIRTY-THREE. _1NJUnY TO LIVE srocx BY RAILROADS. ssc. · ss;. 334. Railway companies liable for killing 338. Proof of killing or injury to be stock, when. deemed conclusive evidence of 335. What is lawful fencing of track. I negligence. 336. Notice of animal killed or injured. 339. Service of summons in cases arising 337. Penalty for failing to iile notice. under the provisions of thi chapter. Lega fence, definition of. · Sec. 334. An person, persons, com any, or corporation, or lessee R¤¤w¤.<¤¤¤1>¤¤¤¢¤ or agent thereof; owning or operatinghgny railroad within the district, iii¤l§¤if°rg`1]i°gSt°°k' sha be liable for the value of any orses, mules,.colts, cows, bulls, calves, hogs, or sheep killed, and for reasonable damages for any injury to any such live stock upon or near any unfenced track of any railroad in the district, wherever such killing or injury is caused by any moving train or engine or cars upon suc track. A substantial wire fence four feet high, constructed with four strands of wire or its equivalent, shall be a legal fence. · - i _ Sec. 335. No railroad track shall be deemed to be fenced within the c,Z;h,;°,§,g{”'“‘ ‘°¤· meaning of this chapter unless such track is guarded by such fence_ ` against the entrance thereon of any such live stock on either side of t e track, and not more than one hundred feet distant therefrom: Provided, Complete natural defenses against the entrance of such stock upon the track, such as natural walls or deep ditches, shall be deemed and held to be a fence within the meaning of this cha ter when the same, in connection with other and ordinary lawful fgnces, form a continuous guard and defense against the entrance of such live stock upon the track. _ Sec. 336. Whenever any such live stock mentioned in section three ugggci {>f.&_gg¤¤¤* hundred and thirty-four is so killed or injured upon the unfenced rail- ° °° ' road track of any railroad in the district, the person, persons, company, or corporation owning or operating such railroad, or his or their essees or a ents, or some proper. and authorized agent or em loyee thereof, shall immediately cause to be filed a notice of such killin or injury by  a concise description of the animal or animals so kgled or injured, inc uding any and al brands, earmarks, or other marks of ownership, and, if only injured, the nature of such injury, with the railroad agents at \the two extremities of the section on which such killing or injury took place; the description shall be open to inspection at all reasonable hours of each week day for one month after such k1.ling or injury took place. _ Sec. 337. Any person, persons, company, or corporation, or his or migggvgggiggr f¤¤i¤¤ their lessees or authorized agents, owning or gperating any railroad ` within the district, who shall neglect or fail to e or cause to be filed the notice provided for in the preceding section, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not exceeding two hundred dollars for each offense. _ Sec. 338. ln every action for the recovery of the value of any live mP;*>¤ftg*b§*g;ggug5 stock mentioned in section three hundred and thirty-four so killed, or wnciyusive evidence for dama es for injury to the same, as hereinbefore rovided, proof °'“°“"g°"°°‘ of such kglling or injur shall of itself be deemed andllield to be conclusive evidence of negligence upon the part of the person, persons, company, or corporation, or his or their. essees or agents, owning or operating! such railroad: Provided, Contributory negligence on the part of the plaintiff in such action may be set up as a efense: But pravidedjurther, The allowing of stock to run at argc upon common unfenced range or u on inclosed land owned or in possession of the owner of such -stock shall not be deemed or held to be such contributory