                                 CODE OF VIRGINIA

CONSTRUCTION OF § 56-429; BURDEN OF PROOF (§ 56-430)

Section 56-429, so far as it relates to fencing, shall not apply to any part of
a railroad located within the corporate limits of a city or town, or between the
terminals of switches, or spur tracks, not exceeding 350 yards from the depot,
either way, nor to any part of a railroad at a place where there is a cut or
embankment with sides sufficiently steep to prevent the passage of stock at such
place; nor in an action by an adjacent owner to recover for stock killed or
injured on the track shall it apply to a company which has compensated the owner
for making and keeping in repair the necessary fencing, but the burden of
proving the fact of such compensation shall be on the company, and no report of
any commissioners shall be received as proof thereof, unless it shall plainly
appear on the face of the report, or from other evidence in connection
therewith, that an estimate was made by such commissioners for the fencing, and
the expense for the same entered into, and constituted a part of the damages
reported and actually paid.

HISTORY: Code 1919, § 3947.