Alabama Statutes
§ 37-2-89 — Railroad Fences; Liability for Injury to Stock
Alabama·Title 37 Public Utilities and Public Transportation·Ch. 2 Transportation Companies·Art. 1 General Provisions·Div. 3 Regulations Affecting Public Safety
(a)Whenever the Public Service Commission deems it necessary that any railroad in this state, or any portion thereof, shall be fenced, it shall notify the person or corporation operating such railroad of their conclusion.
(b)Upon failure, after a reasonable notice, to fence such railroad or the portion thereof designated, the person or corporation operating such railroad shall be liable in damages for the value of any stock killed or injured upon the portion of the line so designated to be fenced, whether with or without negligence; but if the fence is erected in conformity to the notice, no liability shall attach for stock killed or injured upon the portion of the line so fenced, unless the killing or injury was committed willfully.
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Legislative History
(Code 1886, §1134; Code 1896, §3495; Code 1907, §§5653, 5654; Code 1923, §§9635, 9636; Code 1940, T. 48, §§183, 184.)
Nearby Sections
15
§ 37-1-1
Commission Established§ 37-1-100
Effective Date of Orders§ 37-1-101
Modification of Orders§ 37-1-102
Record of Proceedings§ 37-1-105
Rehearing§ 37-1-122
Time for Appeal; How Appeal Perfected