2005 Idaho Code - 62-406 — ERECTION AND MAINTENANCE OF FENCES -- LIABILITY FOR DAMAGES

                                  TITLE  62
                             RAILROADS AND OTHER
                               PUBLIC UTILITIES
                                  CHAPTER 4
                            OPERATION OF RAILROADS
    62-406.  ERECTION AND MAINTENANCE OF FENCES -- LIABILITY FOR DAMAGES.
Every railroad company or corporation operating any steam or electric railroad
in this state shall erect and maintain lawful fences, not less than four feet
(4') high, on each side of its road, where the same passes through or along
inclosed or adjoining cultivated fields or inclosed lands, with proper and
necessary openings and gates therein and farm crossings; and also construct
and maintain cattle guards suitable and sufficient to prevent horses, cattle,
mules or other animals from getting on such railroads, at all highway
crossings where such railroad is fenced up to such highway crossing: provided,
however, that in lieu of the necessary openings and gates therein at farm
crossings, cattle guards suitable and sufficient to prevent horses, cattle,
mules or other animals from getting on such railroads may be installed at the
expense of the adjoining landowner or landowners.
    Until such fences, openings, gates, farm crossings and cattle guards shall
be duly and properly made, installed and maintained, such railroad company or
corporation shall be liable in a civil action to any and all person or persons
who may sustain any loss, injury or damage by the wounding, maiming or killing
of any horse, mare, gelding, filly, jack, jenny or mule, or any cow, heifer,
bull, ox, steer or calf, or any other domestic animal which shall be done by
such railroad company or corporation, or its agents or servants, in the
operation and management of engines, cars, or other rolling stock, upon or
over such railroad, whether such person or persons operating or in charge of
such engine, cars or other rolling stock were guilty of negligence or not; and
such railroad company or corporation shall also be liable in a civil action to
any and all persons who may sustain any loss, injury or damage by the
wounding, maiming or killing of any horse, mare, gelding, filly, jack, jenny
or mule, or any cow, heifer, bull, ox, steer or calf, or any other domestic
animal which shall be done by such railroad company or corporation, or its
agents or servants in the operation or management of engines, cars, or other
rolling stock upon or over such railroad, if any such animal or animals escape
from adjoining lands and come upon the right of way or railroad tracks of such
railroad company or corporation, occasioned by the failure of such railroad
company or corporation to construct and maintain such fences, gates, farm
crossings or cattle guards, whether the person or persons operating or in
charge of such engine, cars or other rolling stock were guilty of negligence
or not; but after such fences, gates, farm crossings and cattle guards shall
have been duly made, installed and maintained, such railroad company or
corporation shall not be liable for any such damages, unless negligently or
wilfully done, and in all actions for the recovery of damages under this
section, proof of the wounding, maiming or killing of such animal or animals
by such railroad company or corporation, shall be prima facie evidence of
negligence or wilfullness on the part of such railroad company or corporation.
    If any railroad company or corporation, aforesaid, fail, neglect or refuse
for and during a period of three (3) months after the completion of its road
through or along the fields or enclosures hereinbefore mentioned, to erect,
install and maintain any fences, openings, gates, farm crossings, or cattle
guards as herein required, after having received not less than thirty (30)
days' notice requiring them to erect, install and maintain such fences,
openings, gates, farm crossings or cattle guards, then the owner of such field
or enclosure may erect and maintain such fences, openings, gates, farm
crossings and cattle guards, and shall thereupon have a right to recover from
such railroad or corporation, the full value of the work so done, by a civil
action in any court of competent jurisdiction.