Section 37-2-89 Railroad fences; liability for injury to stock.
Section 37-2-89
Railroad fences; liability for injury to stock.
(a) Whenever the Public Service Commission deems it necessary that any railroad in this state, or any portion thereof, shall be fenced, it shall notify the person or corporation operating such railroad of their conclusion.
(b) Upon failure, after a reasonable notice, to fence such railroad or the portion thereof designated, the person or corporation operating such railroad shall be liable in damages for the value of any stock killed or injured upon the portion of the line so designated to be fenced, whether with or without negligence; but if the fence is erected in conformity to the notice, no liability shall attach for stock killed or injured upon the portion of the line so fenced, unless the killing or injury was committed willfully.
(Code 1886, §1134; Code 1896, §3495; Code 1907, §§5653, 5654; Code 1923, §§9635, 9636; Code 1940, T. 48, §§183, 184.)