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. 8. 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. 17, 647 (24 N. W., 329). Required to fence track. 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. 14, 233 (15 N. W., 220). Barbed wire fence, over which horses stepped and were killed, not sufficient. 24, 91-2 (38 N. W., 27). Live fence not sufficient. 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. 15, 366 (18 N. W., 511); 17, 693 (24 N. W., 388). Where company fail to fence and stock is killed they are absolutely liable whether owner negligent or not.

18, 219 (24 N. W., 706). But this liability is for damages by actual collision only. 18, 369 (25 N. W., 365); 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. 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. 14, 15 (14 N. W., 547). Where cattle escaped on to the track by reason of the failure of the company to keep its fence in repair, and were killed, the owner can recover. 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. 14, 72 (15 N. W., 197); 28, 117 (44 N. W., 93); 28, 119 (44 N. W., 103); 24, 160 (38 N. W., 43).

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, employees, or engineers, or by the agents, employees, 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 preperty, 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 employees, 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 it 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.

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 keer in good repair one causeway or other adequate means of crossing the same.

See 11, 596 (10 N. W., 493).

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 said 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 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 therefor, 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.

In

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." 1889, p. 406. 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. 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, company, or persons operating a railroad, or any transportation company using or leasing cars of any description and used in the commerce of the country, or in the construction of railroads, to have upon any railroad in Nebraska for use in transpor

tation of freight or passengers any car that is not equipped with such safety automatic coupler as provided for in section one of this act [566].

568. That it shall be unlawful for any corporation, company, or person operating any line of railroad in this state to use any locomotive engine upon any railroad or in any railroad yard in this state after the first day of January, 1892, that is not equipped with a proper and efficient power-brake, commonly called a "drive-brake."

569. That it shall be unlawful for any corporation, company, or person operating a line of railroad in this state to run any train of cars after the first day of January, 1895, that shall not have in that train a sufficient number of cars with some kind of efficient automatic power-brakes, so that the engineer upon the locomotive car can control the train without requiring brakemen to go between the ends or on the tops of the cars to use, as now, the common hand-brakes.

570. Every railroad corporation, company, or person operating a railroad in this state, and every person using or leasing cars in the transportation business, or in building railroads, shall and are by this act required to include in their annual report to the state railroad commissioners the number of locomotive engines and cars used in this state, and what number is equipped with automatic power-brakes, and what number of cars equipped with automatic safety couplers and the kind of brakes and couplers used and the number of each kind when more than one kind is used.

571. Any corporation, company, or person operating a railroad in this state, and using a locomotive engine or running a train of cars, or using any freight, way, or car contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than five hundred ($500) dollars, or not more than one thousand ($1,000) dollars for each and every offense, for the benefit of the school fund; Provided, The penalties on this section shall not apply to companies hauling cars belonging to railroads other than those of this state which are engaged in interstate traffic; and any railroad employee who may be injured by the running of such engine, or train, or cars contrary to the provisions of this law shall not be considered as waiving his rights to recover damage by continuing in the employ of such corporation, company, or person running such engine or trains of cars contrary to this law.

572. Every railroad company, as aforesaid, shall be liable for all damages inflicted upon the person of passengers while being transported over its road, except in cases where the injury done arises from the criminal negligence of the persons injured, or when the injury complained of shall be the violation of some express rule or regulation of said road actually brought to his or her notice.

Laws 1867, p. 89, sec. 3. Liable only when injury has arisen from the negligence of the railroad company. 3, 54. A railroad company cannot loan or transfer its line so as to escape liability for damages except by legislative sanction. When liable for injury received on a connecting road. 26, 169 (41 N. W., 1106). That the injury occurred on Sunday is no defense. 18, 700 (26 N. W., 347).

Secs. 573 to 577 formed secs. 110, 108, 121, 111, 122 respectively, R. S. 1866, pp. 227, 228, 231. 573. In case any passenger on any railroad shall be injured while on the platform of a car while in motion, or in any baggage, wood, or freight car in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury, provided said company furnished room inside its passenger cars sufficient for the accommodation of its passengers.

574. If any person shall, while in charge of a locomotive engine running upon the railroad of any such corporation, or while acting as the conductor of a car

or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not less than six months nor more than one year, and be imprisoned until the fine is paid.

11, 184 (8 N. W., 433).

575. Every such railroad corporation shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice, and shall furnish sufficient accommodations for the transportation of passengers and freight, and shall take, transport, and discharge all passengers to and from such stations as the trains stop at, from or to all places and stations upon this said road, on, the due payment of fare or freight bill.

ers.

576. Any railroad company receiving freight for transportation shall be entitled to the same rights and be subject to the same liabilities as common carriAnd whenever two or more railroads are connected together, the company owning either of said roads receiving freight to be transported to any place on the line of either of the roads so connected shall be liable as common carriers for the delivery of such freight to the consignee of said freight, in the same order in which such freight was shipped.

Railroad cannot avoid the liability of a common carrier by a special contract. 5, 121.

577. In case of the refusal, by such corporation or their agent, to take and transport any passenger or property, or to deliver the same or either of them under the laws, rules, and usages that regulate common carriers, such corporation shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit.

Secs. 578 and 579 formed secs. 5 and 4, Laws 1867, p. 89.

578. No notice, either express or implied, shall be held to limit the liabilities of any railroad company as common carriers, unless they shall make it appear that such limitation was actually brought to the knowledge of the opposite party and assented to by him or them, in express terms, before such limitation shall take effect.

579. Service upon railroad companies may be made as upon other corporations, or by leaving a copy of the summons by the proper officer with any station agent, ticket agent, conductor, or other officer of said railroad formed within the limits of this state, or left at the usual place of business within said county.

Secs. 580 to 585.

V. PASSENGER RATES.

"An act to regulate railroad corporations in their transportation of passengers and baggage and to fix a maximum rate of charges, and to provide for a penalty for the violation thereof." 1885, p. 285. In force June 5.

580. It shall be unlawful for any railroad corporation operating, or which shall hereafter operate, a railroad in this state to charge, collect, demand, or receive for the transportation of any passenger over ten years of age, with baggage, not exceeding two hundred pounds in weight, on any train over its line of road in the state of Nebraska, a sum exceeding three cents per mile.

Amended 1887, p. 539.

581. Said railroad corporation shall not charge, collect, demand, or receive within the limits above specified for the transportation of any child under ten years old in the care or control of any passenger on any train a sum exceeding -one-half of the rates prescribed in section one of this act [580].

582. Nothing herein shall be construed as to prevent any railroad company from adopting the rule that when the fare is paid on the train the conductor