Train hits cow. Who is liable?

[Joseph_Pestell]

Last Friday, services on the Salisbury-Exeter line were disrupted for several hours after a train hit a cow.

 

Through trains were diverted via Westbury but taxis were deployed to move passengers from intermediate stations such as Gillingham. Figures being quoted for the costs were eye-watering but one taxi driver said that the railway (TOC or Network Rail?) was happy to meet the costs as it would be met by the farmer's insurance.

 

Is this correct? Surely the fences alongside the railway (almost unique to this country) are the responsibility of the railway. And I have not noticed any double fencing i.e. a second fence maintained by the farmers.

[RedgateModels]

fences were originally put up by the landowners to keep the navvies ect off their property .....

[Fat Controller]

It appears Network Rail is responsible for the upkeep of fencing:-

https://www.networkrail.co.uk/communities/lineside-neighbours/fencing/

The bovine in question will, of course, have been a potential Smithfield 'Best in Show'..

[Andy Hayter]

Since it was in the UK, it will as stated be the responsiblity of Network Rail - unlike most if not all of the rest of Europe, where it would be the farmer's responsibility to ensure his beast could not encroach onto the tracks - and where in many areas there are no fences around the railway  (LGVs excepted).

[Dunsignalling]

Last Friday, services on the Salisbury-Exeter line were disrupted for several hours after a train hit a cow.

 

Through trains were diverted via Westbury but taxis were deployed to move passengers from intermediate stations such as Gillingham. Figures being quoted for the costs were eye-watering but one taxi driver said that the railway (TOC or Network Rail?) was happy to meet the costs as it would be met by the farmer's insurance.

 

Is this correct? Surely the fences alongside the railway (almost unique to this country) are the responsibility of the railway. And I have not noticed any double fencing i.e. a second fence maintained by the farmers.

It will depend, at least in part, how the animal got onto the line. A faulty fence may not be the only route onto the line and it's not been unknown in the past for a particularly athletic bullock to clear a normal lineside fence. There is also the possibility of an occupation crossing not being properly secured after use.

 

Railway fences are built to a standard and farmers might be liable if they knowingly stock adjacent land with animals that clearly exceed the capacity thereof.

 

Secondary fencing by farmers does occur, but it's usually in the form of chain link, added to contain small animals (lambs etc) that could get through a normal post and wire fence which is the required standard.

 

Where NR provide something more substantial (e.g. steel palisade) it's to prevent trespass or to reduce maintenance requirements rather than to fulfil any legal obligations.

 

John

Edited July 17, 2018 by Dunsignalling

[Fat Controller]

Since it was in the UK, it will as stated be the responsiblity of Network Rail - unlike most if not all of the rest of Europe, where it would be the farmer's responsibility to ensure his beast could not encroach onto the tracks - and where in many areas there are no fences around the railway  (LGVs excepted).

I believe that SNCF have been looking at the removal of lineside fencing in some areas. The reasoning is that wild boar and deer can cross the fence to access the line, but then can't get out again. The result is then a large, disorientated, animal wandering along the line-of-route until it is struck by a train.

[Joseph_Pestell]

As I thought, the railway's responsibility. And then we wonder why UK rail fares are higher than elsewhere?

 

The taxis were earning a fortune. And then of course there will be compensation claims for delay, etc.

[Steamport Southport]

Hardly the most important question.

 

 

 

What did it taste like?

 

 

 

 

 

 

 

Jason

[melmoth]

Who is liable? The driver of the cow?

[The Johnster]

Why do Swiss cows have bells?

 

Because their horns don't work...

 

Usually the railway's responsibility as they put the fencing in.  A cow is enough of a lump to cause major damage to equipment on the front of or beneath the train, and the costs of these incidents are considerable, despite George Stephenson's comment that it would be embarrassing, 'for the coo'.  The beast does not come off well in these encounters, and it is particularly upsetting if it is not killed outright, is clearly in terrible distress, and has to be put down.  A colleague of mine back in the 70s once despatched a horse with a brake stick; whether he was legally entitled to or not having no bearing on the absolute correctness of his action in the circumstances as the animal was in terrible pain, half of it under the wheels.

 

Sheep are more likely to be hit by trains in South Wales, and the incident rarely causes damage to the train; the stupid things try to outpace the train instead of running off to the side like any other animal will, fail, realise their mistake and belatedly clear the track, then look around to see if they'd been successful, at which point they are brained (if you can claim that a sheep has such a thing) by the cab steps.  But a report must be made, as local sheep farmers are in the habit of dumping dead ones on the track for trains to run over so that they can put a claim in.  

 

Please don't degenerate the topic into horror stories, guys!

[JeremyC]

http://www.railwaysarchive.co.uk/documents/DoT_Polmont1984.pdf

Paragraph 70 - 72 notes it's the railways responsibility 

Edited July 17, 2018 by JeremyC

[Rivercider]

It appears Network Rail is responsible for the upkeep of fencing:-

https://www.networkrail.co.uk/communities/lineside-neighbours/fencing/

The bovine in question will, of course, have been a potential Smithfield 'Best in Show'..

Early in his career my father worked in the Southern Region District Office at Exeter Central, and told me that legal wrangling, following accident to livestock, was quite common,

 

cheers

[TravisM]

I was under the impression that responsibility lay on who put the fence or wall up in the first place. From my time on the railways, the fences installed by the railway were to be maintained by them but it was the responsibility of the farmer to be aware if the fence or wall was suitable to stop the livestock getting out of the field and onto the railway.

[Joseph_Pestell]

I was under the impression that responsibility lay on who put the fence or wall up in the first place. From my time on the railways, the fences installed by the railway were to be maintained by them but it was the responsibility of the farmer to be aware if the fence or wall was suitable to stop the livestock getting out of the field and onto the railway.

 

Ah! As usual, a situation designed to make money for our "learned friends".

[Siberian Snooper]

Livestock can get on the railway in a variety of locations, through a hole in a poorly maintained fence, a gate left open at an occupation crossing (a favourite) and at unrated crossings, if they brave the triangular shaped objects designed to deter them. Sorry I no idea what the official name is.

[Joseph_Pestell]

Hardly the most important question.

 

 

 

What did it taste like?

 

 

 

 

 

 

 

Jason

 

Sadly, I have been told that the animal was not killed by the collision and had to be put down - leading to further delay in reopening the line.

 

I don't think they set up a BBQ. And if they had, I still could not answer your question as both people who reported the incident to me are vegetarians.

[Foden]

It's rather alarming to hear of the frequency of which livestock finds its way onto the line, and a surprise that there's not been more tragic incidents akin to the Polmont disaster given the number of relatively lighter modern units compared to the heavy loco at the front in years gone by (DBSO of the aforementioned tragedy noted ).

 

Thankfully the only grievances the passengers had in this instance was their delay.

Edited July 17, 2018 by Foden

[caradoc]

Cattle on the line is by no means an unusual occurrence, neither is farmers complaining about the state of fencing between their fields and the line. Once it is known that cows are on the line trains are cautioned until they are clear, however that doesn't help if the first knowledge is a train striking a cow, which can have devastating consequences as at Polmont in 1984. Occasionally PW Staff have advised Signallers to caution trains because they were concerned animals might get onto the line, due to poor fencing.

 

Removing cattle can be a protracted affair; I recall one incident some years ago south of Stirling where a massive bull got onto the line and defied all attempts, by farmers, railway staff and Police, to remove it. Sadly the animal eventually had to be put down. 

[coachmann]

Abergele used to be a market town and one day when two cows got loose, one got onto the railway and all trains were warned to go slowly and be on the watchout. 'Tother got onto the Abergele bye-pass and was promptly shot.

Edited July 18, 2018 by coachmann

[iands]

... Surely the fences alongside the railway (almost unique to this country) are the responsibility of the railway.... 

 

And have been since the Railway Regulation Act 1842 - and possibly even earlier!

 

Regards, Ian.

[Dunsignalling]

Abergele used to be a market town and one day when two cows got loose, one got onto the railway and all trains were warned to go slowly and be on the watchout. 'Tother got onto the Abergele bye-pass and was promptly shot.

Double standards in action. Mind you, it's generally a lot easier and quicker to get a live one off the line than a dead one.

 

John

Edited July 18, 2018 by Dunsignalling

[Dunsignalling]

Ah! As usual, a situation designed to make money for our "learned friends".

Not really, no farmer wants his/her stock to get into danger and, in my experience, they sometimes notice a dodgy fence from "their" side and report it before it becomes apparent to a PW patrol whose view may be obstructed by bushes etc. It wasn't unknown for one or two on my former patch to make their own temporary repairs before informing the signalman.

 

Equally, farmers know a typical post-and-wire railway fence is not adequate to contain all types of animal even if it is in perfect condition, e.g. lambs or, at the other end of the extreme, American Bison, and either add extra protection or keep unsuitable stock away from lineside fields. 

 

Fortunately, farming is a profession in which the application of common sense hasn't yet been wholly superseded by reams of H&S gobbledook.

 

John   

Edited July 18, 2018 by Dunsignalling

[Colin_McLeod]

When I worked in NIR liability depended on how the animal got onto the line. If it was via a faulty fence between the railway and the field the animal was supposed to be in then the railway paid. However if the animal had strayed from a remote field first or when it was being driven along a road then the railway did not pay irrespective of the condition of the railway fence at the time.

 

To avoid legal costs most cases were dealt with in house and that lead to us being up to date with the price of beef, lamb etc.

[grahame]

Cow on the line at Dartford was quite a regular occurrence for Reggie.

 

So not uncommon.

 

G

[The Stationmaster]

When I worked in NIR liability depended on how the animal got onto the line. If it was via a faulty fence between the railway and the field the animal was supposed to be in then the railway paid. However if the animal had strayed from a remote field first or when it was being driven along a road then the railway did not pay irrespective of the condition of the railway fence at the time.

 

To avoid legal costs most cases were dealt with in house and that lead to us being up to date with the price of beef, lamb etc.

 

Exactly the same on BR (and hopefully the same on NR?).  Railway at fault then the railway pays, animal owner at fault and the owner pays.  I had a case back in the 1970s where over a dozen calves were killed, and others put down afterwards, in a collision with a train on an accommodation crossing - the farmer was liable as he had failed to advise a Signalman that he intended to cross with a large herd of animals (plus he only opened the gate leading onto the line before the herd entered railway property - which didn't help his cause).  In another incident a signalman gave a farmer permission to cross with livestock without first checking the position of a train - BR carried that one.

 

Although I worked in country areas for a number of years we never had any instances in my time of animals getting onto the line through broken fences - but in south wales it was of course a different story because there the sheep ignored the fences