56-436 - Board of appraisers to appraise injured or killed livestock; duty of appraisers.
§ 56-436. Board of appraisers to appraise injured or killed livestock; dutyof appraisers.
Whenever any horses, cattle, or other livestock are killed or injured, orother property damaged, by the cars or locomotives upon any railroad, itshall be lawful for the owner thereof or for the railroad company to have theproperty examined and the damages assessed by a board of appraisers in thefollowing manner:
Either party, his agent or attorney, may appoint one person as the appraiserin his behalf, and notify the other party; such notice, when intended for therailroad company, shall be sufficient if given by certified mail to theregistered agent of such railroad. Then the party so notified shall appointan appraiser on his behalf, and the two appraisers shall select a thirdappraiser. These three persons shall constitute a board of appraisers toexamine and appraise the property so injured or damaged, and shall examinethe horses or other livestock so killed, or injured, or the other property sodamaged, and affix a value upon the same if killed, or assess the damages tothe same if injured, and make a written report, carefully describing thehorses, cattle, or other livestock or property, stating whether killed orinjured, and also setting out the valuation or assessment of damages made bythem. Such report shall be returned to the office of the clerk of the circuitcourt of the county or city in which such livestock was killed or injured,who shall file and preserve the same.
(Code 1919, § 3994; 1994, c. 352.)