2013 Indiana Code
TITLE 8. UTILITIES AND TRANSPORTATION
ARTICLE 6. RAILROAD CROSSINGS
CHAPTER 14. FARM CROSSINGS OF RAILROAD TRACKS


Download as PDF IC 8-6-14 Chapter 14. Farm Crossings of Railroad Tracks IC 8-6-14-1 Authority for establishment; plans and specifications Sec. 1. Owners of tracts of land separated by the right of way of a railway company, or owner of a tract or tracts of land separated by the right of way of a railway company from a public highway or road, lying and situated immediately contiguous to and adjoining said right of way, may, if such right of way has been or shall hereafter be acquired by condemnation and appropriation, or by purchase or donation, construct and maintain wagon and driveways over and across such right of way leading from one of such tracts to another on the opposite side of such right of way, or leading from such tract or tracts of land on one (1) side to the highway on the other side of the right of way, at any point most convenient to such owner. For this purpose, such owner may enter upon such right of way and construct such embankment, or make such excavation, on one (1) or both sides of the track of such railway as may be necessary to establish easy grades from one (1) tract of land to the opposite tract or highway, and may spike planks on the ties of such railway on the line of such way for the space of the width of such way, of such thickness as not to be elevated above the top of the rails of such railway, and may also bridge the gutters at the sides of such railway track in such manner as not to obstruct the flow of water therein: Provided, The railroad company shall make the crossing. (Formerly: Acts 1885(ss), c.44, s.1; Acts 1899, c.212, s.1.) IC 8-6-14-2 Fences; gates Sec. 2. When such railroad is fenced on one (1) or both sides at the point where such way is constructed, such owner shall erect and maintain substantial gates in the line of such fence or fences across such way, and keep the same securely locked when not in use by himself or employees. (Formerly: Acts 1885(ss), c.44, s.2.) IC 8-6-14-3 Killing or injuring livestock Sec. 3. If animals are killed or injured on the track of such railroad by the cars or locomotives thereof, the company owning or operating such railroad, shall not be liable to pay damages therefor if such animal entered upon the track of such railroad through such gates, unless it shall be proved that such killing or injury was caused by the negligence of the servants of the company owning or operating such railroad. (Formerly: Acts 1885(ss), c.44, s.3.)

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