A Legal Fence 185 



for all damages occasioned by it. When such a 

 fence is out of repair to such an extent that it 

 is unsafe, it must be repaired immediately by 

 the owner. This law does not apply to railroads, 

 which, while they are allowed to use wire for 

 fencing their rights of way, may not use barbed 

 wire for that purpose. In regard to the duties of a 

 railroad, it may be said that now it is generally 

 required to fence and keep fenced both sides of 

 its right of way sufficient to keep out cattle, 

 horses, sheep and hogs, and is liable for all 

 damage caused by failure so to do. It is also 

 obliged to make farm crossings and gates wherever 

 necessary. 



The majority of states fix four and one-half 

 feet as the legal height of fence, and the usual 

 height in New York is four and one -half feet. 

 In this state, however, each township at its an- 

 nual town meeting may prescribe what shall be 

 a legal fence. It will thus be seen that the 

 legal height of fences may vary from tune to 

 time, and may vary also in the various town- 

 ships in the county. The assessors and com- 

 missioners of highways perform the duties of 

 fence- viewers. 



U. LINE FENCES 



The board of fence-viewers in New York state 

 may also pass upon the question of line fences. 



