389.650. Lawful fences, gates, who may build--trespassers.
Lawful fences, gates, who may build--trespassers.
389.650. 1. Every railroad corporation formed or to beformed in this state, and every corporation to be formed underthis chapter, or any railroad corporation running or operatingany railroad in this state, shall erect and maintain lawfulfences on the side of the road where the same passes through,along or adjoining enclosed or cultivated fields or unenclosedlands, with openings and gates therein, to be hung and havelatches or hooks, so that they may be easily opened and shut, atall necessary farm crossings of the road, for the use of theproprietors or owners of the land adjoining such railroad, andalso to construct and maintain cattle guards, where fences arerequired, sufficient to prevent horses, cattle, mules and allother animals from getting on the railroad; and until fences,openings, gates and farm crossings and cattle guards as aforesaidshall be made and maintained, such corporation shall be liable indouble the amount of all damages which shall be done by itsagents, engines or cars to horses, cattle, mules or other animalson said road, or by reason of any horses, cattle, mules or otheranimals escaping from or coming upon said lands, fields orenclosures, occasioned in either case by the failure to constructor maintain such fences or cattle guards.
2. After such fences, gates, farm crossings and cattleguards shall be duly made and maintained, said corporation shallnot be liable for any such damage, unless negligently orwillfully done.
3. If any corporation aforesaid shall, after three monthsfrom the time of the completion of its road through or along thelands, fields or enclosures herein named, fail, neglect or refuseto erect or maintain in good condition any fence, openings orfarm crossings or cattle guards as herein required, then theowners or proprietors of said lands, fields or enclosures mayerect or repair such fences, openings, gates or farm crossings orcattle guards, and shall thereupon have a right to sue andrecover from such corporation in any court of competentjurisdiction the cost of such fences, openings, gates, cattleguards or repairs, together with a reasonable compensation forhis time, trouble and labor in and about the construction of suchfences, openings, gates or cattle guards, or the making of suchrepairs, together with ten percent interest per annum thereon,from the time of the service of process upon such corporation insuch suit; provided, that before such repairs are commenced, suchowner shall give five days' notice, in writing, to the railroadcompany, by delivering a copy thereof to the nearest sectionforeman or station agent of such railroad company, that therailroad fence needs repairs at a place or point named in thenotice, on the lands of such owner.
4. And in every such action, if the plaintiff recoverjudgment, there shall be taxed as costs against the defendant anattorney's fee, to be fixed by the court or associate circuitjudge before which or whom the cause may be pending, at such sumas may be a reasonable compensation for all legal servicesrendered for plaintiff in the case, without regard to anyagreement between plaintiff and his counsel as to fees; but suchfee shall not be taxed so long as any appeal taken in such caseshall remain undisposed of.
5. And if any person shall ride, lead or drive any horses orother animals upon such road within such fences and guards otherthan a farm crossing, without the consent of the corporation, heshall, for every such offense, forfeit and pay a sum notexceeding ten dollars, and shall also pay all damages which shallbe sustained thereby to the party injured.
6. If any person not connected with or employed upon therailroad shall walk upon the track or tracks thereof, exceptwhere the same shall be laid across or along a publicly traveledroad or street, or at any crossing, as herein provided, and shallreceive harm on account thereof, such person shall be deemed tohave committed a trespass in so walking upon said track in anyaction brought by him on account of such harm against thecorporation owning such railroad, but not otherwise.
(RSMo 1939 § 5218)Prior revisions: 1929 § 4761; 1919 § 9948; 1909 § 3145
CROSS REFERENCE:
Injury to stock because of insufficient fence, damages, RSMo 537.270 to 537.290
(1952) Trustee operating railroad held subject to double damages upon violation of this section as against contention that trustee was not "railroad corporation". Beck v. Thompson (A.), 245 S.W.2d 174.