45 A. 712 | N.H. | 1899
At common law, railroads were under no obligation to fence their rights of way. Chapin v. Railroad,
The statute provides that "the proprietors of every railroad shall erect and maintain a sufficient fence upon each side of their road." P. S., c. 159, s. 23. But this statute is for the benefit of the owner or occupant of the adjoining land. It confers no rights upon the general public. Hill v. Railroad,
The declaration does not allege a breach of any duty which the defendants owed to the plaintiff. They were not bound to anticipate his trespass, nor to take precautionary measures to prevent it.
Demurrer sustained.
All concurred.