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§ 136-194. Cattle guards and private crossings; failure to erect and maintain misdemeanor.

§136‑194.  Cattle guards and private crossings; failure to erect andmaintain misdemeanor.

Every company owning,operating or constructing any railroad passing through and over the enclosedland of any person shall, at its own expense, construct and constantlymaintain, in good and safe condition, good and sufficient cattle guards at thepoints of entrance upon and exit from such enclosed land and shall also makeand keep in constant repair crossings to any private road thereupon. Everyrailroad corporation which shall fail to erect and constantly maintain thecattle guards and crossings provided for by this section shall be liable to anaction for damages to any party aggrieved, and shall be guilty of a Class 3misdemeanor and only fined in the discretion of the court. Any cattle guardapproved by the Commission shall be deemed a good and sufficient guard underthis section. (1883, c. 394, ss. 1, 2, 3; Code, s. 1975; Rev., ss.2601, 3753; 1915, c. 127; C.S., s. 3454; 1933, c. 134, s. 8; 1941, c. 97, s. 5;1963, c. 1165, s. 1; 1993, c. 539, s. 481; 1994, Ex. Sess., c. 24, s. 14(c);1998‑128, s. 14.)

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