Indiana & Illinois Southern Railroad v. Sampson

Appellee sues to recover the penalty under Sec. 66, Ch. 114, R. S. 1887, for failure on the part of appellant to build a fence after notice by the owner of land through which the road passes. The notice prescribed by the statute can be given by the owner or occupant alone, to put the railroad company in the position of being liable to double the cost of building the fence after it is built by such owner or occupant. This notice does not purport to be signed by the owner or occupant. While we are of the opinion that the notice should, on its face, show the right of the person giving the…