N.Y. Railroad Law § 52: Fences, farm crossings and cattle-guards

§ 52. Fences, farm crossings and cattle-guards. Every railroad

corporation, and any lessee or other person in possession of its road,

shall, before the lines of its road are opened for use, and so soon as

it has acquired the right of way for its roadway, erect and thereafter

maintain fences on the sides of its road of height and strength

sufficient to prevent cattle, horses, sheep and hogs from going upon its

road from the adjacent lands, with farm crossings and openings with

gates therein at such farm crossings whenever and wherever reasonably

necessary for the use of the owners and occupants of the adjoining

lands, and shall construct where not already done, and hereafter

maintain, cattle-guards at all road crossings, suitable and sufficient

to prevent cattle, horses, sheep and hogs from going upon its railroad.

So long as such fences and cattle-guards are not made, or are not in

good repair, the corporation, its lessee or other person in possession

of its road, shall be liable for all damages done by their agents or

engines or cars to any domestic animals thereon. When made and in good

repair, they shall not be liable for any such damages, unless

negligently or wilfully done. A sufficient post and wire fence of

requisite height shall be deemed a lawful fence within the provisions of

this section, but barbed wire shall not be used in its construction.

No railroad need be fenced, when not necessary to prevent horses,

cattle, sheep and hogs from going upon its track from the adjoining

lands. Every adjoining land owner, who, or whose grantor, has received

compensation for fencing the line of land taken for a railroad, and has

agreed to build and maintain a lawful fence along such line, shall build

and maintain such fence. If such owner, his heir or assign shall not

build such fence, or if built, shall neglect to maintain the same during

the period of thirty days after he has been notified so to do by the

railroad corporation, such corporation shall thereafter build and

maintain such fence, and may recover of the person neglecting to build

and maintain it the expense thereof. And when such railroad shall cross

timbered or forest lands, the company shall construct and maintain

suitable and sufficient crossings, whenever and wherever reasonably

necessary to enable the respective owners of said lands to transport

logs, timber and lumber for manufacture or sale, or for banking on any

stream, to be floated or driven down the same. In case of any neglect or

dispute the supreme court may by mandamus or other appropriate

proceedings, compel the same, and also fix the point or location of any

such crossing.

As used in this section, the term "farm crossings" shall mean at-grade

rail crossings that are utilized primarily as access to and from

adjoining property which is actively used for farming or agricultural

purposes by the owner or by the tenant of such property.