Secs. 551 to 554. "An act to authorize railroad companies of adjoining states to mortgage or convey their property situated in the state of Nebraska." 1871, p. 72. In force February 10. 551. That it shall be competent and lawful for any railroad company heretofore incorporated or organized, or which may be hereafter incorporated or organized under the laws of an adjoining state, and which shall have extended its railroad into this state or have become a corporation of this state under the laws thereof, to mortgage, lease, or sell that part of its railroad, and the property, rights, privileges, and franchises connected therewith, situated in this state, to any railroad in this state, and the railroad company making such purchase shall thereupon become vested with all the property, rights, privileges, and franchises of the company making such sale, and pertaining to the said railroad so sold, and shall be authorized to locate, construct, and complete, maintain and operate the railroad thus purchased, and may receive, hold, and convey all municipal aid, endowments, and property of any kind whatsoever, upon complying with the terms and conditions upon which the same were to be had, as fully and to the same extent as the railroad company making such sale could have done had no such sale been made.

552. Any railroad company heretofore incorporated or organized, or which may be hereafter incorporated or organized under the laws of an adjoining state, and which shall have extended its railroad into this state, or under the laws of this state, shall have become incorporated and authorized to construct and maintain a railroad within this state, may mortgage or lease, sell or convey the whole or any part of its railroad, situated within the state, and the rights, privileges, and franchises connected therewith, and other property pertaining thereto, to any person or persons on such terms and conditions as may be agreed upon, and the person or persons making such purchase, and their associates, may become a body corporate under the laws of this state, in the manner prescribed for the creation and organization of railroad companies in this state; and on the organization of such corporation, it may take, receive, and hold the railroad and property so purchased by said corporators, and shall have, possess, and enjoy the same, and all the rights, privileges, and franchises connected therewith, and held and possessed by the company making such sale, and shall also have all the rights, privileges, and franchises of railroad companies organized under the laws of this state, with full power and authority to construct, complete, maintain, and operate the railroad thus purchased, receive, hold, and dispose of all endowments, grants of land, municipal or individual aid granted to said company making such sale, or to which said company was or might have become entitled, upon compliance with the terms and conditions upon which such endowments, grants, donations, or aid were to be had; and the railroad company so organized may, under the laws of this state, consclidate its stock and property with any other railroad company upon such terms and conditions as may be agreed upon; Provided, however, That no sale, or purchase, shall be made of railroads situated within this state, of companies without this state, or consolidations effected as provided in this act, until the terms of such sale or consolidations shall have been approved by a majority of the stockholders in interest, in person or by proxy, at the annual or special meeting, of which due notice shall be given by publication, or in writing to all the stockholders in interest, or the same be approved by the written consent of a majority of the stockholders in interest, filed in the office of said respective companies.

553. That all contracts and agreements made by any railroad company prior to such transfer, lease, consolidation, or mortgage shall be binding on the assignees, lessees, or mortgagees of such company, and that the rights of any stockholders, or parties entitled to stock therein, shall in no way be impaired by such transfer, lease, consolidation, or mortgage.

554. When any company or persons shall have purchased any railroad, or

two or more railroads are consolidated, as contemplated by the provisions of this act, such companies or persons so purchasing shall keep each and every railroad line that may come in their possession by such purchases in good running order, with sufficient rolling stock, to transport the freight and passengers. They shall not discriminate against the business with either or any of said railroad lines, either directly or indirectly, by the detentions of freights or passengers, or charging more for freight or passage than is charged in proportion upon any other railroad line under the control of said company or persons.

IV. OPERATION.

DUTIES AND LIABILITIES.

Secs. 555 and 556 formed secs. 1 and 2 of an act to define the duties and liabilities of railroad companies. 1867, p. 88. In force June 22.

is

555. That every railroad corporation whose lines of road or any part thereof open for use shall, within six months after the passage of this act, and every railroad company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such railroad or any part thereof are open, erect and thereafter maintain fences on the sides of their said railroad, or the part thereof so open for use, suitably and amply sufficient to prevent cattle, horses, sheep, and hogs from getting on the said railroad, except at the crossings of public roads and highways, and within the limits of towns, cities, and villages, with opens, or gates, or bars at all the farm crossings of such railroads, for the use of the proprietors of the lands adjoining such railroad, and shall also construct, where the same has not already been done, and hereafter maintain at all road crossings, now existing or hereafter established, cattle guards suitable and sufficient to prevent cattle, horses, sheep, and hogs from getting onto such railroad; and so long as such fences and cattle guards shall be made after the time herein before prescribed for making the same shall have elapsed, and when such fences and guards, or any part thereof, is not in sufficiently good repair to accomplish the objects for which the same is herein prescribed, is intended, such railroad corporation and its agents shall be liable for any and all damages which shall be done by the agents, engines, or trains of any such corporation, or by the locomotives, engines, or trains of any other corporations permitted and running over or upon their said railroad, to any cattle, horses, sheep, or hogs thereon; and when such fences and guards have been fully and duly made, and shall be kept in good and sufficient repair, such railroad corporation shall not be liable for any such damages, unless negligently or willfully done; *Provided, however, That any person, company, or corporation owning land adjoining the right of way of any railroad company in this state, and not within the limits of any town, village, or city, and intending to enclose his or their land, or any part thereof, that adjoins such right of way or railroad, with a fence, such person, or the secretary of such company or corporation, by direction thereof, may notify in writing such railroad company of such intention, and request such railroad company to build a lawful fence as described in this section on the line between their railroad and the land intended to be enclosed. Such notice shall definitely specify two points on such line between which points such fence is requested to be erected, and describe the field intended to be enclosed. The railroad company shall, within six months after receiving such notice, cause to be erected the fence required by such notice, and in case of a failure so to do, the party so giving notice as aforesaid may cause such fence to be erected at a reasonable cost, and collect the amount thereof from the railroad company so neglecting to erect the fence.

*

All after added 1883, p. 262. The right to build and operate a railroad is granted by the state on the condition that all people be treated alike. State v. R. V. R. R. Co., 17, 647 (24 N. W., 329). Required to fence track. F., E. & M. V. R. R. Co. v. Lamb, 11, 596 (10 N. W., 493). There is no statute requiring a railroad to fence its road within the limits of a city or village.

Clary v. B. & M. R. R. Co., 14, 233 (15 N. W., 220). Barbed wire fence, over which horses stepped and were killed, not sufficient. M. P. R. R. Co. v. Metzger, 24, 91-2 (38 N. W., 27). Live fence not sufficient. C., B. & Q. R. R. Co. v. James, 26, 192 (41 N. W., 992). Where track is not fenced the negligence of the owner of stock in allowing them to run at large is no defense. B. & M. R. R. Co. v. Franzen, 15, 366 (18 N. W., 511). C., B. & Q. R. R. Co. v. Sims, 17, 693 (24 N. W., 388). Where company fail to fence and stock is killed they are absolutely liable whether owner negligent or not. B. & M. R. R. Co. v. Webb, 18, 219 (24 N. W., 706). But this liability is for damages by actual collision only. B. & M. R. R. Co. v. Shoemaker, 18, 369 (25 N. W., 365). U. P. Řy. v. Ogilvy, 18, 644 (26 N. W., 464). A railroad company is entitled to the exclusive use of its grounds except at lawful crossings of public and private ways. When party falls into an excavation which road had a right to make, the road is not liable for damages. O. & R. V. R. R. Co. v. Martin, 14, 298 (15 N. W., 696). Owner was allowed to recover for hogs killed on track which ought to have been fenced, when there was no negligence on part of either himself or the railroad company. U. P. R. R. Co. v. High, 14, 15 (14 N. W., 547). Where cattle escaped onto the track by reason of the failure of the company to keep its fence in repair, and were killed, the owner can recover. U P. R. R. Co. v. Schwenck, 13, 484 (14 N. W., 376). Railroad company was held liable for stock killed upon its track in the night time at a point where it was required to fence but failed to do so, notwithstanding stock was prohibited from running at large in the night time. B. & M. R. R. Co. v. Brinkman, 14, 72 (15 N. W., 197). M. P. R. R. Co. v. Vandeventer, 28, 117 (44 N. W., 93). C., B. & Q. R. R. Co. v. Richardson, 28, 119 (44 N. W., 103). State v. A. & N. R. R. Co., 24, 160 (38 N. W., 43). Gates at farm crossings are part of the enclosure of the railroad, and must be suitable and amply sufficient to prevent stock from getting on the track. F., E. & M. V. R. R. Co. v. Pounder, 36, (54 N. W., 509). This includes the space on either side opposite private or farm crossings at which the company must leave openings with bars, but are not required to put in cattle guards. O. & R. V. R. Co. v. Severin, 30, 319 (46 N. W., 842). This does not require the fencing of depot and station grounds within city limits, when such grounds are constantly used in the transaction of its business. C., B. & Q. R. Co. v. Hogan, 30, 686 (46 N. W., 1015).

556. Any railroad company hereafter running or operating its road in this state, and failing to fence on both sides thereof, against all live stock running at large at all points, shall be absolutely liable to the owner of any live stock injured, killed, or destroyed by their agents, employes, or engineers, or by the agents, employes, or engines belonging to any other railroad company, running over and upon such road, or there being; Provided, That in case the railroad company liable under the provisions of this section shall neglect or refuse to pay the value of any property so injured or destroyed, after thirty days' notice in writing given, accompanied by an affidavit of the injury or destruction of said property, to any officer of the company, or any station agent, or ticket agent, employed in the management of its business, in the county where the injury complained of shall have been committed, such railroad company, their agents, and employes, shall, in an action brought to recover damages therefor, be held and they are hereby declared to be liable to pay double the value of the property so injured, killed, or destroyed as aforesaid; * Provided further, That if the railroad company do not object to the value of the property so injured or destroyed, as set forth in the notice aforesaid, within ten days, it shall be considered and taken as the true value, but if the said company are dissatisfied with the value as set forth is [in] said notice, they shall, within ten days, leave a written notice to that effect at the residence or place of business of the owner of the stock so injured or destroyed, and the value shall then be ascertained and determined in accordance with the provisions of section 5 of the general herd law.

Amended and all after* added 1877, p. 59. Cited and construed, F., E. & M. V. R. Co. v. Pounder, 36, (54 N. W., 510).

Sec. 557 formed sec. 106, and secs. 558 to 561 formed secs. 101 to 104, R. S. 1866, p. 226. 557. When any person owns land on both sides of any railroad, the corporation owning such railroad shall, when required so to do, make and keep in good repair one causeway or other adequate means of crossing the same.

See F., E. & M. V. R. R. Co. v. Lamb, 11, 596 (10 N. W., 493). This causeway is not intended for the use of unherded animals wandering from one side of the road to the other. O. & R. V. R. Co. v. Severin, 30, 323 (46 N. W., 842).

558. Any railroad corporation may raise or lower any turnpike, plank road,

or other way for the purpose of having their railroad pass over or under the same; and in such cases such corporation shall put such turnpike, plank road, or other way, as soon as may be, in good repair.

559. Every railroad corporation, while employed in raising or lowering any turnpike or other way, or in making any other alterations, by means of which the said way may be obstructed, shall provide and keep in good order suitable temporary ways to enable travelers to avoid or pass such obstructions.

560. Every railroad corporation shall maintain and keep in good repair all bridges, with their abutments, which such corporation shall construct for the purpose of enabling their road to pass over or under any turnpike, road, canal, watercourse, or other way.

561. A bell of at least thirty pounds weight or a steam whistle shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said railroad shall cross any other road or street, and be kept ringing or whistling until it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning the railroad, one-half thereof to go to the informer, and the other half to this state, and also be liable for all damages which shall be sustained by any person by reason of such neglect.

See O., N. & B. H. R. R. Co. v. O'Donnell, 22, 479 (35 N. W., 235).

Sec. 562 formed sec. 113, R. S. 1866, p. 228.

562. Every railroad company shall have power to cross, intersect, join, and unite its railroad with any other railroad before constructed, at any point on its route and upon the grounds of such other railroad company, with the necessary turnouts, sidings, and switches, and other conveniences in furtherance of the objects of its connection. And every company whose railroad is or shall hereafter be intersected by any new railroad shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therfor, or the points and manner of such crossings and connections, the same shall be ascertained and determined by commissioners, to be selected as provided in this subdivision.

Secs. 563 to 565. "An act to require all trains run upon railroads in this state to come to a full stop before crossing any other road, and to provide penalties for its violation." 189, p. 406. In force July 1.

563. All railroad trains and locomotives without trains shall come to a full stop at least two hundred feet and not more than eight hundred feet from the crossing of the other railroads, and the engineer shall sound two long blasts of the whistle before starting forward, except where said railroads maintain a semaphore and gate with torpedo attachment, and when the signals indicate the crossings to be clear no stop need be made.

564. When trains or locomotives without trains approach a crossing simultaneously, the one on the older road shall have the right to cross first, and the last train to cross shall not start until the first train has cleared the crossing and signal indicates that track is clear.

565. Every engineer violating the provisions of the preceding section shall for each offense forfeit one hundred dollars, to be recovered in the name of the state of Nebraska for the benefit of the school fund; and the person, persons, or corporations on which road such offense is committed shall forfeit for each offense so committed the sum of two hundred dollars, to be recovered in like manner.

Secs. 565a to 565g. "An act to regulate railroads and to compel them to put in transfer switches." 1893, ch. 11, p. 142. In force August 1.

565a. That all railroads touching the same point in this state at which point such railroads receive and deliver freight, or at some near point, shall build and maintain transfer switches for common use in transfering freight in car-load lots from one such railroad to another and receive and forward all such freight according to the provisions of this act; Provided, That the railroads interested may apply to the state board of transportation to be relieved of this duty in any case where its performance is unusually burdensome, and if upon a personal examination of the locality where the transfer switches are to be put in, and taking testimony of persons residing in the locality, by the secretaries of such board, they find it unjust and unreasonable to require the building of such transfer switches, then such board may relieve such roads of such duty, and that evidence from any locality along the lines of roads interested shall be considered by the said board and be competent testimony in such case.

5656. That whenever a shipper of freight from any point in this state to any other point in this state over two or more lines of railroads to reach such point of destination, it shall be the duty of all such railroads as come under the provisions of this act to receive and deliver all such freight in car lots on board cars upon such transfer switch. The railroad company at point of shipment shall make a through way bill to point of destination and the rate to be charged for such shipment shall not be the sum of two or more locals, but shall be apportioned between the different roads according to the mileage of each necessarily used in such shipment, and shall be the rate for the shortest mileage distance by any railroad between point of shipment and point of destination.

565c. No railroad or transportation company shall make any extra charge for delivering or receiving such freight in car lots in such transfer switch.

565d. Be it further provided, That the cost of building the transfer switches shall be borne equally between the different roads which are connected by the switches herein before provided for.

565e. If any railroad company or companies shall neglect or refuse to comply with the provisions of this act within sixty days from its taking effect, such railroad company or companies shall be deemed guilty of a misdemeanor and subject to a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each and every day that such railroad company or companies shall neglect or refuse to build or maintain such switches.

565f. The fine herein before contained may be imposed by any court having competent jurisdiction.

565g. All fines derived from the violation of this act shall be paid into the general school fund of the state.

Secs. 566 to 571. "An act requiring all railroads, corporations, companies, and persons operating a railroad and doing business in Nebraska to equip all engines and cars with proper, efficient, and safe automatic couplers and brakes, and for prescribing penalties for failure thereof." 1891, p. 222. In force August 1.

566. That it shall be unlawful for any corporation, company, or person operating any line of railroad in this state, any car manufacturers, or transportation company using or leasing cars, to put in use in this state any new cars or any cars that have been sent into the shop or shops for general repairs, or whose draft rigging has to be repaired with a new draw-bar or bars, that are not equipped with safety or automatic couplers or draw-bars such as shall not necessitate the going between the ends of the cars to couple or uncouple them.

567. That after January 1, 1895, it shall be unlawful for any corporation,