Indiana § 8-4-33-3 Maintenance and repair

Indiana Statutes

§ 8-4-33-3 — Maintenance and repair

Indiana § 8-4-33-3

Art. 4ORGANIZATION AND OPERATION OF

Ch. 33Fencing Railroads

This text of Indiana § 8-4-33-3 (Maintenance and repair) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-4-33-3 (2026).

Text

When such fence, barrier and cattle-guards are
completed, such railroad corporation, lessee, assignee, receiver or other
person or corporation operating and controlling the same shall keep the
same in good repair and sufficient to answer the purposes for which
constructed, and if any such corporation, lessee, assignee, receiver or
other person or corporation shall permit any part of the fence, barrier
or cattle-guards to get out of repair so that it will not turn cattle, horses,
mules, sheep, hogs or other stock, the owner of the land abutting upon
the land or right of way of such railroad may notify the agent, in
writing, for receiving and shipping freight at the station nearest the
tract of land so owned by such person, that a portion of the fence is out
of repair, stating where the same

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When such fence, barrier and cattle-guards are
completed, such railroad corporation, lessee, assignee, receiver or other
person or corporation operating and controlling the same shall keep the
same in good repair and sufficient to answer the purposes for which
constructed, and if any such corporation, lessee, assignee, receiver or
other person or corporation shall permit any part of the fence, barrier
or cattle-guards to get out of repair so that it will not turn cattle, horses,
mules, sheep, hogs or other stock, the owner of the land abutting upon
the land or right of way of such railroad may notify the agent, in
writing, for receiving and shipping freight at the station nearest the
tract of land so owned by such person, that a portion of the fence is out
of repair, stating where the same is out of repair, and the probable cost
of making such repair, and if such railroad corporation, lessee,
assignee, receiver or other person or corporation shall fail, for thirty
(30) days, to make or commence such repairs, such abutting landowner
shall have the right to enter upon the land, right of way and railroad
track, and make such repairs, and shall furnish a sworn itemized
account of the cost of such repairs, including the material necessarily
used and the labor, to the agent aforesaid, and if such bill is not paid
within sixty (60) days from the time the same was so furnished to such
agent, the said party so making such repairs may recover the reasonable
value of such repairs so made from such railroad corporation, lessee,
assignee, receiver, or other person or corporation so controlling and
operating the same, together with reasonable attorney's fees: Provided,
That in case the said railroad corporation or person operating the same,
liable for such repairs, shall, within said sixty (60) days, tender to such
person so making such repairs a sum of money in satisfaction of such
repairs made by him, and such person shall refuse to accept the same,
and shall sue for the recovery of the value of such repairs, and shall not
recover more than was so tendered, he shall not recover attorney's fees
in such suit.
Formerly: Acts 1885(ss), c.91, s.3.