350 THE LIABILITIES OF PAETIES HUNTING, ETC. 



to do SO. But under section 68 of the last-mentioned Act, 

 the ohh'gation of a railway company is merely to fence 

 against the owners and occupiers of adjoining lands, and 

 therefore where some horses strayed into a high road, and 

 thence into the yard of a railway station, the gate of which 

 was open, from which they got on the line through a gap in 

 the fence, and were killed by a train, it was held that the com- 

 pany were not responsible for the injury, inasmuch as their 

 obligation under section 68 is co-extensive only with the com- 

 mon law prescriptive obhgation to repair fences, which would 

 only render them responsible, if the horses were using the 

 highway according to the dedication of the owner of the 

 soil((/). So, where a colt had strayed on to a highway, and 

 whilst being driven home escaped into a railway-yard and 

 thence on to the line, and was killed, the company were held 

 liable, as the colt was then lawfully using the highway {h). 

 But if the adjoining land belongs to the company, and cattle 

 stray thence on to the line, and are killed, the company are 

 not liable ; nor if cattle are by the permission of the com- 

 pany grazing on the slopes or embankments of the railway, 

 or in a yard belonging to the company, and stray thence on 

 the line, and are injured (»). 

 Fence within There is no obligation upon a railway company carrying 

 6 a on-yar . (^i^\x{q to provide fences or guards at the station where the 

 cattle maybe landed, between the line and the station-yard, 

 so as to prevent them straying on the line {k). 



