Subdivision 1. Liability. A railroad company operating a line of railroad in this state, which has failed or neglected to fence the road and to erect crossings and cattle guards, is liable for all damages sustained by a person as a consequence of that failure or neglect.
Subd. 2. Measure of damages. The measure of damages for failure to construct or maintain a fence is as follows: the owner of land abutting on the line of railway of the railroad company may serve notice on any of its station agents between April 1 and October 1 of any year, requiring the construction of a fence on the line between the person's land and the company's right-of-way. If the company does not construct the fence within 40 days after service of the notice, the landowner may recover from the company an amount not exceeding twice the cost of construction, with costs and reasonable attorney's fee, to be allowed by the court, or the landowner may construct the fence after the expiration of that time and receive from the company double the cost of construction, with like costs and attorney's fee.
Subd. 3. Duty to maintain. The fence must be kept in repair by the railroad company in like manner and under like penalties as if built by the company.
Subd. 4. Failure to serve notice. Failure to serve notice does not relieve the railroad company from liability for damages for injuries to persons or domestic animals or other property, resulting from failure to fence its road.
(4746) RL s 1999; 1985 c 265 art 4 s 1
Structure Minnesota Statutes
Chapter 219 — Railroad Safety And Employment
Section 219.01 — Track Safety Standards; Safety Technology Grants.
Section 219.015 — State Rail Safety Inspector.
Section 219.016 — Hazardous Materials Rail Safety.
Section 219.06 — Signs At Crossings.
Section 219.071 — Maintenance Of Grade-crossing Surfaces.
Section 219.072 — Establishment Of New Grade Crossings.
Section 219.073 — Commissioner's Rules On Grade Crossings.
Section 219.074 — Grade Crossing Change, Vacation.
Section 219.08 — Crossings; Changing Grade Of Approaches.
Section 219.09 — Multiple Tracks Across Road; Railroad Duty.
Section 219.10 — Penalty For Violation.
Section 219.13 — Farm Crossing.
Section 219.14 — Railroad Crossing Protected.
Section 219.16 — Grade Crossing Defined.
Section 219.165 — Safety Rules For Private Railroad Grade Crossing.
Section 219.1651 — Grade Crossing Safety Account.
Section 219.166 — Establishment Of Quiet Zones.
Section 219.17 — Uniform Warning Signs.
Section 219.18 — Railroad To Erect Sign.
Section 219.19 — Additional Warning Sign.
Section 219.20 — Stop Sign; Yield Sign.
Section 219.22 — Stop, Look, And Listen.
Section 219.23 — Crossing Guard.
Section 219.24 — Additional Safeguard.
Section 219.26 — Protective Crossing Device; Uniformity.
Section 219.29 — Prohibited Sign.
Section 219.30 — Injuring, Destroying Sign.
Section 219.31 — Building Fence And Cattle Guard.
Section 219.32 — Failure To Fence; Liability And Damages.
Section 219.33 — Fence, Crossing, Cattle Guard; Landowner Recourse.
Section 219.34 — Fence Between Railroad And Public Road.
Section 219.35 — Crossing And Drain.
Section 219.36 — Gate At Farm Crossing.
Section 219.37 — Ditch And Culvert.
Section 219.375 — Railroad Yard Lighting.
Section 219.383 — Safe Operation Of Train Over Road; Penalty.
Section 219.384 — Removal Of Dangerous Obstruction.
Section 219.39 — Dangerous Crossing; Complaint, Hearing.
Section 219.40 — Dangerous Crossing Determination Procedures And Remedies.
Section 219.402 — Adequate Crossing Protection.
Section 219.403 — Applicability To Local Laws.
Section 219.41 — Appeal; Order Enforcement.
Section 219.42 — Failure To Comply; Penalty.
Section 219.44 — Charter Powers Not Abridged.
Section 219.445 — Southern Rail Corridor Improvement Plan.
Section 219.45 — Applicability.
Section 219.46 — Unlawful Structure; Clearance.
Section 219.47 — Clearance Exceptions.
Section 219.50 — Obstructing Space Between Tracks.
Section 219.501 — Rail Carrier Walkways.
Section 219.51 — Violations And Penalties.
Section 219.52 — Warning Sign; Reporting Clearance Violations.
Section 219.53 — Contributory Negligence.
Section 219.54 — Freight Platform.
Section 219.551 — Locomotive; Water And Toilet Facility.
Section 219.561 — Track Motor Car; Equipment.
Section 219.567 — Failure To Ring Bell.
Section 219.568 — Other Violations Of Duty.
Section 219.57 — Prevention Of Fire.
Section 219.64 — Assumption Of Risk; Contributory Negligence.
Section 219.661 — Speedometer; Legislative Findings.
Section 219.662 — Speedometer Required; Reports.
Section 219.753 — Crane On Tracks; Detector; Misdemeanor.
Section 219.76 — Damage Caused By Train Or Contents; Insurable Interest.
Section 219.761 — Response To Train-related Fire Or Other Emergency; Reimbursement.
Section 219.77 — Railroad Employer Liability.
Section 219.79 — Contributory Negligence Does Not Bar Recovery.
Section 219.80 — Assumption Of Risk No Defense.
Section 219.81 — Contrary Contract Declared Void.
Section 219.815 — Employer Includes Receiver.
Section 219.82 — Survival Of Right Of Action.
Section 219.83 — Limitation Of Action.
Section 219.93 — Stopping Train At Crossing.
Section 219.97 — Violations; Penalties.
Section 219.98 — Fees For Applying For Order.
Section 219.99 — Railroad Prairie Right-of-way; Best Management Practices.