§ 23-12-412 — Stock guards required when railroad passes through enclosure

(a) (1) It shall be the duty of all railroad companies organized under the laws of this state or any other state, which have constructed or may construct a railroad which may pass through or upon any enclosed lands of another, whether such lands were enclosed at the time of the construction of the railroad or were enclosed thereafter, upon receiving ten (10) days' notice in writing from the owner or agent of the lands to construct suitable and safe stock guards on either side of the enclosure where the railroad enters the enclosure and to keep the guards in good repair. (2) The notice as provided in this subsection may be had by the persons aggrieved or their agent serving a written notice upon a station agent, or upon any person upon whom service may be had in the employ of the railroad company, or any officer thereof. Proof that the written notice was delivered as required in this subdivision (a)(2) shall be sufficient. (b) (1) Any railroad company failing to comply with the requirements of subdivision (a)(1) of this section shall be liable to the persons aggrieved thereby for the actual damages caused to the persons by reason of the failure of any railroad company to properly construct, keep, and maintain in good repair the stock guards. (2) In addition to the actual damages, the railroad company shall be liable for a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. (3) The penalty may be collected, together with the actual damages, by a civil suit in any court having jurisdiction thereof.

Legislative History

Acts 1893, No. 140, §§ 1, 2, p. 244; 1909, No. 53, §§ 1, 2, p. 135; C. & M. Dig., §§ 8478, 8479; Pope's Dig., §§ 11052, 11053; A.S.A. 1947, §§ 73-623, 73-624.