§ 40-27-109 — Proof of ownership and value

(1) The owner or duly authorized
agent of the owner of any animal so killed or injured by any railway company within
this state, within thirty days after notice of such killing or injuring, shall make proof
that he was the owner or authorized agent of the owner of the animal so killed or
injured or that he is the owner of the recorded brand found upon the animal so
killed or damaged at the time of such killing or damaging, and said proof may be
delivered to the secretary of the state board of stock inspection commissioners
who shall notify said railway company or corporation or the assignee or lessee
thereof and make demand that said railway company pay to the said state board of
stock inspection commissioners for the benefit of the owner the estimated value of
said animal if killed or the estimated amount of damages if injured, which shall be
settlement in full of all claim for such damage. The secretary of the state board of
stock inspection commissioners shall give a receipt in full of said money when
received and shall deposit the same in the brand inspection fund of said board, and
after paying any advertising charges that may be due against said amount, the
balance shall be paid out on voucher to the owner or authorized agent of the owner
entitled to receive same.

(2) Should the owner or authorized agent of the owner of any such animal so
killed or injured be dissatisfied with the estimated value placed upon such animal
by the stock inspector, he may file with the said state board of stock inspection
commissioners a claim for such amount of damage he thinks is justly due, and he
has the right to produce such evidence in support of his claim as he may think
necessary at any regular meeting of said board. Should the railroad company or
corporation against whom such claim is made be dissatisfied with the estimated
value placed upon any animal so killed or injured, it also has the right, through its
claim agent or other authorized officer, to appear before the said state board of
stock inspection commissioners at any regular meeting of said board and present
such evidence as it may desire in support of its contention.

Legislative History

Source: L. 11: p. 404, � 8. C.L. � 2870. CSA: C. 139, � 56. CRS 53: � 116-8-9. C.R.S. 1963: � 116-8-9.