351. Common law duties to fence.

At common law an owner of land across or by the side of which a highway runs is, as a general rule, under no duty to fence off his land from the highway to prevent injury to those straying from the road, for persons so straying from a highway do so, generally, at their peril1. However, where there is an artificial structure or object2 or an excavation3 on land which if it were left unfenced would amount to a public nuisance4 by reason of its adjoining a highway5 or being sufficiently near to it to be dangerous to persons

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