Davis v. Connelly Ranch Co.

Opinion by

MAXEY, G.

This is one of that class of cases that has been before the courts of the country ever since we have had railroads. The different states have legislated on the subject of fencing the right of way, but these statutes vary as to just how the fence should be constructed and maintained. Oklahoma has also legislated on the subject, and we find that section 5536, Compiled Statutes of 1921, is as follows:

“It shall be the duty of' every person or corporation owning and operating any railroad in the state of Oklahoma, to fence its road, except at public highways and station grounds,…