RAILROAD FENCES. — TOWN POUNDS. 163 



fences relates only to partition fences between two farmers. 

 As to fences along a railroad, the law is quite different. 

 The general railroad law requires the company to maintain a 

 suitable fence along the whole line, through woodland as 

 well as improved land ; and the farmer has no part of the 

 expense to pay. This railroad fence need not be always four 

 feet high, nor need it always be so close as the division fence 

 between land-owners (98 Mass. 560). It must be " suitable " 

 merely, — suitable for the place where it is situated; and 

 through the woods, or where there is little or no danger of 

 animals straying on to the track, it might be quite light, and 

 yet comply with the law. But if any cattle of the adjoining 

 land-owner do escape through it on to the track through its 

 unsuitableness, and are there injured by a passing train, the 

 company is responsible (1 Allen, 16). But here, again, the 

 same principle comes in which we have before stated ; viz., 

 the company is not bound to fence out everybody's cattle, 

 but only those of the land-owner immediately adjoining. If, 

 therefore, the animals of one remote from the railroad break 

 out or stray away from their pasture, and after wandering 

 over the intermediate lands finally find their way on to the 

 railroad, and there meet their death, the railroad company is 

 not absolutely liable : the owner should have kept his cattle 

 on his own lot, and not allowed them to trespass on others' 

 lands (98 Mass. 560). Of course, if they were lawfully pas- 

 turing on the lands near the railroad, by permission of the 

 land-owner, they would be protected in the same manner 

 as his own animals are ; but if, unlawfully straying in the 

 highway, they are killed while crossing a railroad, the com- 

 pany is not bound to pay, unless guilty of actual negligence. 



UMPOUNDIKG CATTLE. 



Closely connected with the subject of fences is that of 

 impounding animals. If you find your neighbor's cattle in 

 your cornfield, there are three courses you may pursue : 1st, 

 You may put the animals in the town pound ; 2d, You may 

 sue the owner for damages ; or, 3d, You may quietly turn 

 them into the highway and say notliing. Of these three the 

 last is the easiest to be done, and the hardest to make up 

 one's mind to do. We are directed in the good book to for- 

 give our neighbor his trespasses ; but it says nothing about 



