Alabama Great Southern Railroad v. Dawkins
Alabama Great Southern Railroad v. Dawkins
Opinion of the Court
1. Where a railroad company ¡builds a cattle-guard on the dividing line between adjacent land of different owners, it is bound to maintain it, and the Civil Code (1910), § 2699, does not require the landowner to give the railroad company thirty days notice to repair the same.
2. The cattle-guard required by the Civil Code (1910), § 2699, is intended to protect the adjacent land from the trespass of live stock going over the railroad right of way; and the contrivance must be sufficiently extensive to embrace the entire width of the right of way.
3. The Civil Code (1910), § 2702, does not require landowners to extend their fences across the entire railroad right of way, in order to connect with the cattle-guard on the track of the railroad.
4. The evidence authorized the verdict.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.