§ 40-27-104 — Compliance prima facie defense

Colorado § 40-27-104

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Killing Stock - Fencing

Text

Any railway company or
corporation or the assignee or lessee thereof whose road is enclosed with good and
sufficient fences, gates, and cattle guards, as provided in section 40-27-102,
capable of keeping such animals from being upon such road may plead and prove
the same as a defense to any action under sections 40-27-102 to 40-27-113 for any
killing, damaging, or injury to such animals occurring within such enclosure; but
such plea or fact shall not be held to preclude the owner or his agent from showing
that such killing, damage, or injury was caused by the negligence or carelessness of
such railway company or corporation or the assignee or lessee thereof, for the
purpose of showing liability notwithstanding such fencing.

Legislative History

Source: L. 11: p. 402, � 3. C.L. � 2865. CSA: C. 139, � 51. CRS 53: � 116-8-4. C.R.S. 1963: � 116-8-4.