US Lawyer Database

Section 380:2 – Insurable Interest.

    380:2 Insurable Interest. – Such railroads shall have an insurable interest in all property situate upon the line of their road which is exposed to such damage, and they may effect insurance thereon for their own benefit. Source. RS 142:9. CS 150:60. 1861, 2489:1. GS 148:9. GL 162:9. PS 159:30. PL 250:2. RL 300:2. […]

Section 380:3 – Owner’s Insurance.

    380:3 Owner’s Insurance. – Such railroads shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and of expense of recovery. The insurance shall be deducted from the damages if recovered before the damages are assessed, or, if not, the policy shall […]

Section 380:4 – Fire Prevention Equipment.

    380:4 Fire Prevention Equipment. – I. Every railroad operating steam locomotives in this state shall, subject to the approval of the department of transportation, equip each steam locomotive with a spark arrester in good condition and a suitable ashpan. II. Every railroad operating locomotives powered by diesel or other types of internal combustion engine […]

Section 380:5 – Deputy Fire Wardens.

    380:5 Deputy Fire Wardens. – The state forester may appoint as deputy forest fire wardens the section foremen or such other railroad employees as the authorized officials of the railroad may recommend. Such deputies, when so appointed, shall be vested with the powers and duties of deputy forest fire wardens, except as such powers […]

Section 380:6 – Duties.

    380:6 Duties. – Railroad deputies thus appointed shall extinguish and supervise the fighting of forest and brush fires originating along the railroad right of way, but shall not be required to supervise the fighting of fires which do not so originate, except that a railroad deputy who receives notice of the existence of a […]

Section 380:7 – Cooperation With.

    380:7 Cooperation With. – The department of natural and cultural resources shall instruct all wardens and other employees of the department to cooperate with the railroad deputies in the prevention and extinguishment of railroad fires, immediately to notify the nearest station agent or railroad deputy upon the discovery of a fire along the right […]

Section 380:8 – Expenses.

    380:8 Expenses. – All just and proper expenses incurred in extinguishing forest or brush fires caused by a railroad shall be paid by such railroad; but the fact that such payment has been made shall not be admissible as evidence that such fire was so caused. Source. 1913, 155:2. PL 250:8. RL 300:8. 1951, […]

Section 380:9 – Instruction to Employees.

    380:9 Instruction to Employees. – Railroads shall promulgate among their employees instructions for the prevention and extinguishment of fires along the right of way. Source. 1913, 155:3. PL 250:9. RL 300:9. 1951, 203:59 par. 9, eff. Sept. 1, 1951.

Section 379:10 – Refusal to Provide Spurs.

    379:10 Refusal to Provide Spurs. – Whenever the department of transportation, after a hearing had upon its own motion or upon complaint, shall find that application has been made to a railroad for a connection or spur as provided herein, and that the railroad has refused to provide the same upon reasonable terms, and […]

Section 379:11 – Apportionment of Cost.

    379:11 Apportionment of Cost. – Whenever any such connection or spur has been so provided, any corporation or person shall be entitled to connect with the track, tracks or railroad thereby connected with the railroad of the railroad company and to use the same, or to use the spur so provided, upon payment to […]