§ 56-426. Repealed
Repealed by Acts 1984, c. 227.
§ 56-426.1. Repealed
Repealed by Acts 1988, c. 891.
§ 56-427. Repealed
Repealed by Acts 1996, cc. 114 and 157.
§ 56-428. Railroads liable for damage from fires set out by their engines or trains
Whenever any person sustains damage from fire occasioned by sparks or coals dropped or thrown from the engine or train of any railroad company, such company shall be liable for the damage so sustained, whether such fire originated on the company’s right-of-way or not. Code 1919, § 3992; 1996, cc. 114, 157.
§ 56-429. Company to erect fences along roadbed; cattle guards, etc.
Upon the written request by certified mail to the registered agent of the railroad in question of any landowner whose land adjoins the railroad and whose land is otherwise enclosed for the purpose of maintaining livestock, every railroad company shall cause fences to be erected along its line and on both sides of its roadbed […]
§ 56-430. Construction of § 56-429; burden of proof
Section 56-429, so far as it relates to fencing, shall not apply to any part of a railroad located within the corporate limits of a city or town, or between the terminals of switches, or spur tracks, not exceeding 350 yards from the depot, either way, nor to any part of a railroad at a […]
§ 56-431. When company not liable for injury on enclosed track
No railroad company shall be liable for any injury to any person or property on such part of its track as may be enclosed according to the provisions of this chapter, unless it be made to appear that the person or property was thereon by express permission of the company, or through the negligence of […]
§ 56-432. Liability for injury on track not enclosed
In any action or suit against a railroad company for an injury to any property on any part of its tracks not enclosed according to the provisions of this chapter it shall not be necessary for the claimant to show that the injury was caused by the negligence of the company, its employees, agents, or […]
§ 56-433. Cattle guards; remedy of aggrieved landowner; penalty
Every railroad company whose road passes through any enclosed lands in this Commonwealth shall construct and keep in good order cattle guards reasonably sufficient to prevent the passage of livestock of every kind over such land, at any point where a fence may be necessary or proper, whether it is a division fence between contiguous […]
§ 56-434. When cattle guards may be discontinued
Every railroad company, after erecting the fences mentioned in § 56-429, may discontinue all cattle guards enclosed by such fences, except such as are provided for at public or private crossings, and in lieu thereof the owners of contiguous lands may connect their fences with those of the company at such place or places as […]
§ 56-435. Appeal from general district court to circuit court in cattle-guard cases
In all suits brought before the general district court against railroad companies to recover penalties for failure to construct cattle guards as required by law, either party shall have the right of appeal to the circuit court of the county where such suit is brought, from the judgment of the general district court, without regard […]
§ 56-436. Board of appraisers to appraise injured or killed livestock; duty of appraisers
Whenever any horses, cattle, or other livestock are killed or injured, or other property damaged, by the cars or locomotives upon any railroad, it shall be lawful for the owner thereof or for the railroad company to have the property examined and the damages assessed by a board of appraisers in the following manner: Either […]
§ 56-437. Effect of appraisal in case of suit; costs
If the railroad company fails, for sixty days after such report is so returned to such clerk, to pay to the owner the full amount assessed by the board of appraisers under § 56-436, and the cost attending the assessment, the owner shall have the right to institute suit on the original cause of action. […]
§ 56-438. Fee of appraisers
Appraisers appointed pursuant to the provisions of § 56-436 shall receive for their services each the sum of one dollar. Code 1919, § 3996; 1994, cc. 352, 432.
§ 56-439. Application of §§ 56-436 through 56-438
The provisions of §§ 56-436 through 56-438 shall not apply to any railroad company which has its line of road enclosed with fences and cattle guards, as required by law. Code 1919, § 3997.
§ 56-439.1. Notice of injury or death of certain livestock; penalty
Whenever any horses, cattle, or other livestock are injured or killed by the cars or locomotives operating on a railroad, the section master or employee of the railroad having charge of the road at the place where the injury or death occurred shall, if he knows of the incident or should have known of it, […]
§ 56-440. Penalty for failure to remove cause of complaint in cities or towns
If any railroad, when directed so to do by a valid order of the State Corporation Commission, shall refuse or fail to remove the cause of complaint of the authorities of any incorporated city or town in which such railroad is located, as to the physical condition or operation of such railroad, it shall, in […]