§ 49-11-30 — Failure of railroad to fence - Damage to owner of stock - How collected

North Dakota § 49-11-30

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-11: Railroad Bridges, Crossings, Intersections, and Fences

Text

Any corporation operating a railroad and failing to fence the same against livestock running
at large where the duty to fence exists is liable to the owner of any stock killed or injured by
reason of the want of such fence for the full amount of the damages sustained by the owner,
unless the injury was occasioned by the grossly negligent act of the owner of the stock or the
owner's agent. To recover, the owner of the stock must prove only the loss of or injury to the
owner's property. Notice in writing that a loss or injury has occurred, accompanied by an
affidavit thereof, must be served upon an officer of the corporation or upon a station or ticket
agent employed by the corporation in the county where the loss or injury occurred. If the
corporation fails or neglects to pay the damages within ninety days after the notice is served on
it, the owner is entitled to recover from the corporation double the amount of damages actually
sustained by the owner, and a reasonable attorney's fee when it is adjudged by a court of
competent jurisdiction that the claimant is entitled to the amount claimed.