56-430 - Construction of § 56-429; burden of proof.
§ 56-430. Construction of § 56-429; burden of proof.
Section 56-429, so far as it relates to fencing, shall not apply to any partof a railroad located within the corporate limits of a city or town, orbetween the terminals of switches, or spur tracks, not exceeding 350 yardsfrom the depot, either way, nor to any part of a railroad at a place wherethere is a cut or embankment with sides sufficiently steep to prevent thepassage of stock at such place; nor in an action by an adjacent owner torecover for stock killed or injured on the track shall it apply to a companywhich has compensated the owner for making and keeping in repair thenecessary fencing, but the burden of proving the fact of such compensationshall be on the company, and no report of any commissioners shall be receivedas proof thereof, unless it shall plainly appear on the face of the report,or from other evidence in connection therewith, that an estimate was made bysuch commissioners for the fencing, and the expense for the same enteredinto, and constituted a part of the damages reported and actually paid.
(Code 1919, § 3947.)