N.C. Gen. Stat. » Chapter 136
NC General Statutes

N.C. Gen. Stat. § 136-194 (2026)

Cattle guards and private crossings; failure to erect and maintain misdemeanor

✓ current as of July 2026
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Every company owning, operating or constructing any railroad passing through and over the enclosed land of any person shall, at its own expense, construct and constantly maintain, in good and safe condition, good and sufficient cattle guards at the points of entrance upon and exit from such enclosed land and shall also make and keep in constant repair crossings to any private road thereupon. Every railroad corporation which shall fail to erect and constantly maintain the cattle guards and crossings provided for by this section shall be liable to an action for damages to any party aggrieved, and shall be guilty of a Class 3 misdemeanor and only fined in the discretion of the court. Any cattle guard approved by the Commission shall be deemed a good and sufficient guard under this section. (1883, c. 394, ss. 1, 2, 3; Code, s. 1975; Rev., ss. 2601, 3753; 1915, c. 127; C.S., s. 3454; 1933, c. 134, s. 8; 1941, c. 97, s. 5; 1963, c. 1165, s. 1; 1993, c. 539, s. 481; 1994, Ex. Sess., c. 24, s. 14(c); 1998-128, s. 14.)

 

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Summerlin v. Norfolk S. Ry. Co., 588 S.E.2d 30 (N.C. Ct. App. 2003).
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Summerlin v. Norfolk S. Ry. Co., 588 S.E.2d 30 (N.C. Ct. App. 2003). · cites it 9× “Plaintiff contends that N.C. Gen. Stat. § 136-194 requires defendant to construct and maintain a private grade crossing connecting the eastern and western portions of the Summerlin Tract as a matter of law.”
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