§ 23-12-204 — Drainage of roadbed - Penalty for noncompliance

(a) Any railroad company or corporation conducting or operating a line or lines of road is required, and it is made the duty of any such company or corporation, to effectually drain their respective roadbeds in all cases where the lack of drainage has been produced by the construction of the road wherever they pass a station, or within two hundred yards (200 yds.) of a farmhouse or residence, by constructing ditches or underdrains, either parallel or at an angle with their roadbed, of sufficient width, depth, and capacity to carry off all the water rapidly. (b) (1) Any railroad company or corporation or any officer or agent or employee of any railroad company or corporation who shall knowingly and willfully violate the provisions of this section shall be liable to pay a penalty of not less than fifty dollars ($50.00) for each and every offense. The costs of suit, including a reasonable attorney's fee, are to be taxed by the court where the suit is heard on original action, by appeal or otherwise, and are to be recovered by a suit at law by the party aggrieved in any court of competent jurisdiction. (2) Twenty (20) days' notice shall be given to the officer, agent, or employee, as the case may be, of any violation of this section, before a cause of action shall accrue.

Legislative History

Acts 1891, No. 133, §§ 1, 2, p. 222; 1907, No. 250, § 1, p. 588; C. & M. Dig., §§ 8480-8482; Pope's Dig., §§ 11054, 11055, 11056; A.S.A. 1947, §§ 73-627, 73-628.