56-1-13 - Fencing right of way -- Gates. - Utah Statutes

56-1-13. Fencing right of way -- Gates.
Every railroad company shall erect and maintain a fence on each side of its rights of waywhere the same passes through lands owned and improved by private owners, and at all publicroad crossings shall connect the same with cattle guards. Such fence shall not be less than fourand one-half feet in height and may be constructed of barbed or other fencing wire with not lessthan five wires, and good, substantial posts not more than one rod apart with a stay midwaybetween the posts attached to the wires to keep said wires in place; and whenever such railroadcompany shall provide gates for private crossings for the convenience of the owners of the landthrough which such railroad passes, such gates shall be so constructed that they may be easilyoperated; and every railroad company shall be liable for all damages sustained by the owner ofany domestic animal killed or injured by such railroad in consequence of the failure to build ormaintain such fence. The owner of such lands shall keep such gate closed at all times when not inactual use, and if such owner fails to keep such gates closed, and in consequence thereof, anyanimal owned by him strays upon such railroad, and is killed or injured, such owner shall not beentitled to recover damages therefor.

No Change Since 1953