Denver & Rio Grande Railroad v. Wright

1. This suit is brought under sections 1, 2, 3 and 4 of the railroad fencing act, S. L. 1911, p. 400, to recover the value of stock killed on the railroad. The basis of the action is negligence on account of failing to fence the rail*311road, and no recovery can be had which is not founded upon such negligence.

Section 1, requires every railway company to fence its railroad, and to construct and maintain good and sufficient cattle guards at public crossings, for the protection of livestock, amply sufficient to prevent it from getting on the railroad, except within the limits of incorporated towns…