Re: Dead Cows near Klamath Falls
Author: Graham Buxton
Date: 08-25-2011 - 05:40

Marshall Matt Dillon Wrote:
-------------------------------------------------------
> Also, it's not clear whether open range applies
> only to cattle on highways with motor vehicles, or
> includes railroads. It's not like a train can be
> expected to stop in a couple hundred feet.

Oregon has open range law that specifically mentions railroads. UP is required to maintain fence on both sides of its track.

Quote:
Oregon Code
608.320. Railroad refusing or failing to maintain fences, gates and guards.
(1) Any person shall forfeit and pay into the State Treasury the sum of $ 100 for each mile of fence on either side of a railroad, or for each farm crossing, gate or cattle guard which the person fails, neglects or refuses to erect and maintain in violation of ORS 608.310. This shall be recovered as other penalties are recovered and paid into the State Treasury.

And a railroad is liable for the value of cattle damaged:
Quote:
Oregon Code
608.340. Liability of railroad for killing or injuring stock.
Any person, or the lessee or agent of the person, owning or operating any railroad, is liable for the value of any horses, mules, colts, cows, bulls, calves, hogs or sheep killed, and for reasonable damages for any injury to any such livestock upon or near any unfenced track of any railroad in this state, whenever the killing or injury is caused by any moving train, engine or cars upon such track.

However, if said fences are built to appropriate standards, then the railroad is relieved of liability:
Quote:
Oregon Code
608.350. Fences sufficient to relieve railroad of liability.
No railroad track shall be deemed to be fenced within the meaning of ORS 608.340 unless it is guarded by such fence against the entrance thereon of any livestock on either side of the track, and not more than 100 feet from the track. Whatever is a lawful fence in the county where the killing or injury occurs, and no other, shall be deemed a lawful fence under ORS 608.340. However, complete natural defenses against the entrance of stock upon the track, such as natural walls or deep ditches, shall be deemed to be a fence under such section, when it, in connection with other and ordinary lawful fences, forms a continuous guard and defense against the entrance of such livestock upon the track.

But other than an adequate fence, the railroad has a weak legal position:
Quote:
Oregon Code
608.360. When railroad's negligence is presumed; contributory negligence and willful intent as defense.
In every action for the recovery of the value of any livestock killed, or for damages for injury to any livestock, under ORS 608.340, proof of such killing or injury shall of itself be deemed conclusive evidence in any court of this state of negligence upon the part of the person, or the lessees or agents of the person, owning or operating such railroad. Contributory negligence on the part of the plaintiff in such action may be set up as a defense, but allowing stock to run at large upon common unfenced range or upon enclosed land owned or in possession of the owner of such stock shall not be deemed contributory negligence. In any such action, proof of willful intent on the part of the plaintiff to procure the killing or injury of such stock shall defeat the recovery of any damages for such killing or injury.

You can read the whole thing here:

[asci.uvm.edu]



Subject Written By Date/Time (PST)
  Dead Cows near Klamath Falls Who's responsible? 08-24-2011 - 20:16
  Re: Dead Cows near Klamath Falls BastaTim 08-24-2011 - 21:59
  Re: Dead Cows near Klamath Falls Erik H. 08-24-2011 - 22:26
  Re: Dead Cows near Klamath Falls Marshall Matt Dillon 08-24-2011 - 23:00
  Re: Dead Cows near Klamath Falls Brian 08-24-2011 - 23:57
  Re: Dead Cows near Klamath Falls Graham Buxton 08-25-2011 - 05:40
  Re: Dead Cows near Klamath Falls Rich Hunn 08-25-2011 - 05:53
  Re: Dead Cows near Klamath Falls :) 08-25-2011 - 11:59
  Re: Dead Cows near Klamath Falls Elsie 08-25-2011 - 12:07
  Re: Dead Cows near Klamath Falls Mitch 08-25-2011 - 13:04
  Re: Dead Cows near Klamath Falls Steak Eater 08-25-2011 - 15:51
  Re: Dead Cows near Klamath Falls George Andrews 08-25-2011 - 16:19
  Re: Dead Cows near Klamath Falls: explained DH 08-25-2011 - 18:23
  Re: Dead Cows near Klamath Falls Peter D. 08-25-2011 - 19:27
  Re: Dead Cows near Klamath Falls Q 08-25-2011 - 20:38
  Re: Dead Cows near Klamath Falls :) 08-25-2011 - 21:21
  Re: Dead Cows near Klamath Falls BOB R 08-26-2011 - 14:31
  Re: Dead Cows near Klamath Falls Q 08-26-2011 - 20:14
  Re: Dead Cows near Klamath Falls :) 08-26-2011 - 21:10
  Re: Dead Cows near Klamath Falls BastaTim 08-27-2011 - 08:45
  Re: Dead Cows near Klamath Falls George Andrews 08-27-2011 - 09:32
  Re: Dead Cows near Klamath Falls GRRR 08-27-2011 - 12:00


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