125 Iowa 215 | Iowa | 1904
The plaintiff’s cow was being kept by A. A. Mason, whose farm lies immediately south of Albia. Through one forty-aere tract three railroads pass. These are parallel, with rights of way adjoining, running north and south. East of these, and between them and the highway, are the landowner’s buildings and feed lots. Leading
But none of these authorities attempt to lay down a fast and hard rule. The object to be attained in maintaining the gates or bars must be kept in view. Aside from the convenience of the landowner and the protection of his stock, the safety of the traveling public is to be taken into consideration. Russell v. Hanley, 20 Iowa, 224. If a gate will serve no useful purpose in either respect, and at the same time will prove an obstruction in the use of the crossing, there can be no excuse -for its' existence. Whether gates shall be maintained necessarily depends on the situation in. each particular case. In Tyson v. Ry., 43 Iowa, 207, the owner was maintaining a lane closed by a gate at his house and another at the public road. The railroad crossed this lane, but there were no gates at the crossing. The court held that: “ The lane fences and gates might be regarded as constituting a part of the railroad fence merely set out upon the landowner’s premises, and maintained by him for his accommodation. These fences and gates constitúted as effectual a barrier against cattle not admitted to the lane as they would have done if they had been on the line of the road. While the plaintiff was maintaining the fences and gates apparently for the purpose of enjoying an open crossing, we think the company was justified in assuming that he preferred an open crossing. It was not for him to complain, therefore, that his cow strayed upon the track.” Mason’s lane across the rights of way was three hundred feet long. Its only use was as a causeway for the passage of cattle and other stock. The gates at the ends of the lane could not well have been dispensed with, but any intervening gates would have interfered with, rather than aided, in the passage of the stock, and increased, rather than lessened, the danger of collision with trains,' The gates between the rights of w'a.y of