WHEKK I'KNCES ARE NECESSARY. 6Sr> 



Failure to fence the following places has been held not to 

 constitute negligence on the part of the company: — the engine 

 house, machine shop, car house and wood yard ; ^^* as much 

 of the track and grounds outside of the switches as was nec- 

 essary for reaching the side-tracks upon which were coal 

 sheds ; ^'° grounds at a flag station at which trains were regu- 

 larly stopped whenever there were pasengers, freight or ex- 

 press to be taken, though no station building was erected 

 thereon; ^^ places used for loading or discharging freight;^''' 

 a station used as such only at irregular intervals by picnic 

 parties and for camp meetings.-^ ^ 



The company was held Hable where the following places 

 were not fenced : — a side-track and platform, where there was 

 no station building and where no tickets were sold or freight 

 billed; ^^* a place at some distance from the station where 

 some freight was received and discharged.^^" Evidence that 

 an animal was killed on a branch road, one hundred yards 

 from the station, near a siding, was held not to be conclusive 

 proof that the track could not have been fenced.^^^ 



It is the duty of the company to maintain suitable guards 

 and fences to prevent an animal from passing from the station 

 grounds to the space on the track outside of such grounds. ^^^ 

 In Illinois, the company must fence at a station not within the 

 limits of an incorporated town.^^' 



"' Indianapolis & C. R. Co. v. Oeslel, 20 Ind. 231. 



See, also, Peters v. Stewart, 72 Wis. 133. 



='= Grondin v. Duluth, S. S. & A. R. Co., 100 Mich. 598. 



"' Schneekloth v. Chic. & W. M. R. Co., 108 Mich. i. 



"' Cornell v. Manistee & N. E. R. Co. (Mich.), 75 N. W. Rep. 472. 



"" Stewart v. Pennsylvania Co., 2 Ind. App. 142. 



'" Anderson v. Stewart, 76 Wis. 43. And see Jaeger v. Chic, M. & St. 

 P. R. Co., 75 id. 130; Southern Kansas R. Co. v. McKay (Tex. Civ. App.), 

 47 S. W. Rep. 479- 



'^' Moser v. St. Paul & D. R. Co., 42 Minn. 480. 



'"' Gulf, C. & S. F. R. Co. V. Weems (Tex. Civ. App.), 38 S. W. Rep. 

 1028. 



"^ Kobe V. Northern Pac. R. Co., 36 Minn. 518. 



'^ Chic, M. & St. P. R. Co. V. Dumser, 109 111. 402. 



