J. Nebeker & Son v. Los Angeles & S. L. R.

I concur. But the matter is not without doubt. Sec. 77-0-13, R. S. U. 1933, requires a fence on each side of a railroad right of way when “the same passes through lands owned and improved by private owners.” (Italics added.) Assuming that this applies to right of ways through towns whose plats and lots have been laid out in reference to the right of way, the statute, literally construed, would require fences even on the edges of depot areas, or what might be termed the town railroad messuage. But by judicial decision, on account of practical considerations, we have construed the statute not…