Can the owner of land adjoining the railway right-of-way and such land recover damages from a defect in the fence between the right of way and the land adjacent to the railway?
Saskatchewan, Canada
The following excerpt is from Anderson and Eddy v. C.N.R., 1917 CanLII 197 (SK QB):
The owner of land adjoining the railway whose cattle get upon the railway through a defect in the fence between the right-of-way and such land, could recover, although his land were not fenced, and so could any person else whose cattle were rightfully on the land, whether by permission of the owner or by virtue of a statute or municipal by-law, and that is really all that is decided in Grcenlaw v. C.N.R.
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