§ 40-27-112 — Time for payment and suit

In case such railway company or
corporation or the assignee or lessee thereof fails for thirty days after demand
made therefor by the owner of any animal or his agent or attorney to pay such
owner or his agent or attorney the value of said animal as claimed, then such owner,
within six months from date of filing claim, may sue and recover the same from
such railroad company or corporation or the assignee or lessee thereof in any court
of competent jurisdiction in the county in which said animal was killed or injured,
together with the legal interest thereon from the date such animal was killed or
injured. Any person having a claim arising under the provisions of sections 40-27-102 to 40-27-113 may assign same in writing to any other claimant or person for
value or for the purpose of suit, who shall thereupon have all the rights and
remedies of the assignor; but, in case it becomes necessary on the part of any
owner to establish claim for any animal so killed or injured in a court of competent
jurisdiction, he shall have the right to establish the actual and market value of such
animal or the actual damage so sustained.

Legislative History

Source: L. 11: p. 406, � 11. C.L. � 2873. CSA: C. 139, � 59. CRS 53: � 116-8-12. C.R.S. 1963: � 116-8-12.