§ 8-4-29-2 — Action against carrier

Indiana § 8-4-29-2

• Jurisdiction: Indiana
• Art. 4: ORGANIZATION AND OPERATION OF
• Ch. 29: Awards Against Railroad Carriers

Text

If a carrier does not comply with an order for the
payment of money within the time limit in an order, the complainant
(or a person for whose benefit the order was made) may file, in the
circuit or superior court of a county into or through which the road of
the carrier runs, a complaint setting forth briefly the causes for which
the complainant claims damages and the order of the Indiana
department of transportation in the premises. Such suit shall proceed
in all respects like other civil suits for damages, except that, on the trial
of the suit, the findings and order of the department shall be prima facie
evidence of the facts therein stated, and the complainant, if the
complainant prevails, shall be allowed a reasonable attorney's fee,
collected as a part of the cost of the suit. No proof of the findings and
order of the department shall be required unless the allegations in the
complaint concerning the same are specially denied by a pleading
under oath.
Formerly: Acts 1913, c.273, s.2. As amended by
P.L.384-1987(ss), SEC.51; P.L.18-1990, SEC.59.