§ 8-4-31-1 — Insurance; actions against railroads

Each railroad corporation owning or operating
a railroad in this state shall be responsible in damage to every person
or corporations whose property may be injured or destroyed by fire
communicated directly or indirectly by locomotive engines in use upon
the railroad owned or operated by such railroad corporations, and each
such railroad corporation shall have an insurable interest in the
property upon the route of the railroad owned or operated by it, and
may procure insurance thereon in its own behalf for its protection
against such damages; Provided, In all actions instituted under this
chapter, the burden of proving the defense of contributory negligence
shall be upon the defendant; Such defense may be provided without
special plea; Provided, That this chapter shall not be construed to
prevent or affect in any wise fire clauses which may be inserted in
contracts between railroad companies and other parties relative to the
construction of and operation over private sidetracks; Provided further,
That the liability imposed herein shall also include reimbursement to
volunteer fire departments for fighting fires caused by any railroad
corporation.
Formerly: Acts 1911, c.107, s.1; Acts 1972, P.L.62,
SEC.1.