N.Y. Transportation Corporations Law § 93: Fences; farm crossings and use of line not inclosed

§ 93. Fences; farm crossings and use of line not inclosed. It shall

not be necessary for any such corporation to fence the lands acquired

for its corporate purposes. But, if not inclosed by a substantial fence,

the owner of the adjoining lands from whom such lands were obtained, his

heirs or assigns, may occupy and use such lands in any manner not

injurious to the interests of the corporation and shall not be liable

therefor, or for any trespass upon any such lands, except for wilful or

negligent injury to the pipes, fixtures, machinery or personal property

of the corporation. If the corporation shall keep such lands inclosed it

shall construct and provide all suitable and necessary crossings with

gates for the use and convenience of any owners of lands adjoining the

portion of its lands so inclosed, and no claim shall be made by it

against any owner of adjoining lands to make or contribute to the making

or maintaining of any division fence between such adjoining lands and

its lands. If it shall neglect to keep and maintain substantial fences

along its lands the owners of adjoining lands may construct and maintain

all farm or division fences, and all line fences crossed by such pipe

line, in the same manner as though it had not acquired such lands for

such pipe line, and it shall be liable for all injuries to such fences

caused or done by any of its officers or agents, or any persons acting

in their or its behalf, or by any laborer in its or their employ or in

the employ of any of its contractors.