Arkansas § 23-12-912 Killing or injuring livestock - Arbitration

Arkansas Statutes

§ 23-12-912 — Killing or injuring livestock - Arbitration

(a)(1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages.

(2)On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case of disagreement, these two (2) referees shall select a third referee, who shall be sworn to truly assess the damages.

(3)When any two (2) of the referees agree, they shall reduce their findings to writing, sign it in duplicate, and deliver one (1) copy to the railroad company or agent and the other copy to the party damaged.

(b)(1) On payment of the award of damages by the railroad within thirty (30) days, the railroad shall be forever released from all further damages, but on fail

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(a) (1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages. (2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case of disagreement, these two (2) referees shall select a third referee, who shall be sworn to truly assess the damages. (3) When any two (2) of the referees agree, they shall reduce their findings to writing, sign it in duplicate, and deliver one (1) copy to the railroad company or agent and the other copy to the party damaged. (b) (1) On payment of the award of damages by the railroad within thirty (30) days, the railroad shall be forever released from all further damages, but on failing to do so, the railroad shall pay to the party damaged double the amount of the value of the animal so killed or double the amount of damages awarded on account of the wounding of any animal. (2) In all cases where any award has been made by and under the provisions of subsection (a) of this section and the railroad company fails to comply with the award within thirty (30) days, as prescribed in subdivision (b)(1) of this section, the party damaged shall have the right to bring his or her action before any court in the county having competent jurisdiction, where any such stock may have been killed or wounded, for the actual damages he or she may have sustained on account of the killing or wounding of any such stock. The court or jury trying any such cause shall give judgment in favor of the party damaged double the value of the animal so killed or double the amount of damages awarded. (c) In case the party injured refuses to abide by the award and fails to recover a greater amount than was awarded, he or she shall pay the railroad a reasonable attorney's fee, to be fixed by the court.

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