§ 32-03-51 — Limited liability of owner or operator of railroad

An individual who is injured while boarding or attempting to board a moving locomotive or
railroad car, without authority from the owner or operator of the railroad, or who having boarded
a locomotive or railroad car without authority from the owner or operator of the railroad, is
injured while riding or getting off the locomotive or railroad car, may not recover any damages
from the owner or operator of the railroad for that injury unless the injury is proximately caused
by an intentional act of the railroad owner or operator and the railroad owner or operator knew
that serious injury was the probable result of the act, or that the owner or operator of the railroad
acted with wanton and reckless disregard of the probable result of the act. This section does not
exempt a railroad corporation from any liability created under chapter 49-16 or the federal
Employer's Liability Act [45 U.S.C. 51 et seq.] for injuries to its employees or agents.