§ 40-27-106 — Engineer to notify agent - inspection

(1) Whenever any cattle,
sheep, horses, mules, or asses are killed or injured by any train, engine, or car upon
any railway in this state, it is the duty of the engineer operating the engine, train, or
car to notify the station agent at the first station at which the train stops after the
killing or wounding or the superintendent or other proper official at the end of the
division where the engineer's run ends. Should none of the employees of the train
be aware of such killing or wounding, then it is the duty of any employee of the
railway who becomes aware of such accident to notify the station agent at the
nearest station to the point where the accident occurred.

(2) It is the duty of the railroad company, through its station agent or such
other official as may be designated, upon receipt of the information of the killing or
wounding of any such livestock by any engine, train, or car, as soon as may be, to
notify the section foreman upon whose section the accident occurred and also the
nearest inspector of the state board of stock inspection commissioners.

(3) It is the duty of the section foreman upon receiving the information to go
to the point where the animal was killed or injured as soon as may be and there
inspect the same, securing a full description of the animal together with any brands
or marks that are upon the same and such other details as may serve to determine
the ownership of such animal.

(4) It is the duty of said stock inspector, as soon as may be after receiving
said notice, to go to the point where the animal was killed or injured and there
inspect the same, securing a full description of the animal together with any brands
or marks that may be on the same and such other details as may serve to determine
ownership of such animal. It is also the duty of the inspector to estimate as nearly
as possible the probable value of said animal if killed or the amount of damages if
injured.

(5) Should the animal be so badly injured that it is in great suffering and
cannot live or recover, it is the duty of either the stock inspector or the section
foreman upon inspection to immediately kill the animal. If through any cause such
an authorized inspector does not appear to inspect such animal so killed within
thirty-six hours after such killing, it is the duty of the section foreman to remove the
hide of said animal and preserve the same until it has been inspected by such
inspector, and thereafter the carcass of such animal shall be disposed of by the
railroad company, without prejudice to its rights, in such manner as it may
determine.

Legislative History

Source: L. 11: p. 402, � 5. C.L. � 2867. CSA: C. 139, � 53. CRS 53: � 116-8-6. C.R.S. 1963: � 116-8-6.