Chapter 9 - Railroads
CHAPTER 9 - Railroads
ARTICLE 1 - ORGANIZATION; BONDS; CONSOLIDATION
37-9-101. Mortgages; issue of corporate bonds; provisions as to bonds.
Everyrailroad company organized under the general incorporation laws of this stateshall have power and is hereby authorized to mortgage or execute deeds oftrust, in whole or in part, of the real and personal property and franchises,including its lands or other property granted to said company by the UnitedStates, or any state or territory, to secure money borrowed by them for theconstruction and equipment of their roads, and may also issue their corporatebonds in sums not less than one thousand dollars ($1,000.00); to make all ofsaid mortgages or deeds of trust payable to bearer or otherwise, negotiable bydelivery, bearing interest at rates not to exceed ten percent (10%) per annum,convertible into stock or not, at the option of the holder, and may sell thesame at such rates and prices as they may deem proper, and if said bonds shallbe sold below their nominal or par value, they shall be valid and binding uponthe company, and no plea of usury shall be put in or allowed by said company inany suit or proceeding upon the same. The principal and interest of said bondsor either of them may be made payable within or without this state, at suchplace as may be determined upon by said company.
37-9-102. Consolidation; mode of effecting.
Whenevera line of railroad or any railroad company in this state, or any portion ofsaid line, has been constructed so as to connect with any two (2) or more ofsuch roads, said companies are hereby authorized to consolidate themselves intoa single corporation in the manner following: the trustees of the said two (2)or more corporations may enter into an agreement under the corporate seal ofeach, for the consolidation of said two (2) or more corporations, prescribingthe terms or conditions thereof; the mode of carrying the same into effect; thename of the new corporation; the number of the trustees thereof, which shallnot be less than seven (7); the time and place of holding the first election oftrustees; the number of shares of stock in the new corporation; the amount ofeach share; the manner of converting the shares of capital stock in each ofsaid two (2) or more corporations, into shares in such new corporation; themanner of compensating stockholders in each of said two (2) or morecorporations who refuse to convert their stock into the stock of such newcorporation, with such other details as they shall deem necessary to perfectsuch consolidation of said corporations; and such new corporation shall possessall the powers, rights and franchises conferred upon such said two (2) or morecorporations, and shall be subject to all the restrictions, and perform all theduties imposed by the provisions of the corporation laws of this state;provided, that all stockholders in either of such corporations who shall refuseto convert their stock into the stock of such new corporation, shall be paid anappraised value of said stock at the date of such consolidation.
37-9-103. Consolidation; when consummated.
Uponmaking the agreement mentioned in the preceding section, in the manner requiredtherein, and filing a duplicate or counterpart thereof in the office of thesecretary of state, the said two (2) or more corporations (mentioned orreferred to in the last two (2) or more preceding sections, or any other law ofthe state) shall be merged in the new corporation provided for in suchagreement, to be known by the corporate name therein mentioned; and the detailsof such agreement shall be carried into effect as provided therein.
37-9-104. Consolidation; effects; rights of creditors.
Uponthe election of the first board of trustees of the corporation created by theagreement pursuant to W.S. 37-9-102, and by the provisions of W.S. 37-9-101through 37-9-105, all and singular the rights and franchises of each and all ofthe two (2) or more corporations, parties to such agreement, and all andsingular the rights and interest in and to every species of property, real,personal and mixed, and things in action shall be deemed to be transferred toand vested in the new corporation, without any other deed or transfer, and thenew corporation shall hold and enjoy the same, together with right-of-way andall other rights of property in the same manner and to the same extent as ifthe two (2) or more corporations, parties to the agreement, should havecontinued to retain the title and transact the business of the corporations.And the title and the real estate acquired by either of the two (2) or morecorporations shall not be deemed to revert or be impaired by means of anythingin W.S. 37-9-101 through 37-9-105; provided, that all rights of creditors andall liens upon the property of either of the corporations shall be and herebyare preserved unimpaired; and the respective corporations shall continue toexist as far as may be necessary to enforce the same; provided, further, thatall debts, liabilities and duties of either company shall henceforth attach tothe new corporation, and be enforced to the same extent and in the same manneras if the debts, liabilities and duties had been originally incurred by it.
37-9-105. Company may subscribe to capital stock of other railroadcompany.
Anyrailroad company incorporated under the general laws of this state may at anytime by means of subscription to the capital stock of any other company orotherwise, aid such company in the construction of its road for the purpose offorming a connection with the line of road owned by such other company.
37-9-106. Aid to other companies; extension outside of state; sale orlease to other railroads permitted; foreign railroads; taxation.
Anyrailroad company now or hereafter incorporated pursuant to the laws of thisstate, or of the United States, or of any state or territory of the UnitedStates, may at any time, by means of subscription to the capital stock of anyother railroad company, or by the purchase of its stock or bonds, or byguaranteeing its bonds, or otherwise, aid such company in the construction ofits railroad within and without this state; and any company owning or operatinga railroad within this state may extend the same into any other state orterritory, and may build, buy, lease, or may consolidate with any railroad orrailroads in such other state or territory, or with any other railroad in thisstate and may operate the same, and may own such real estate and other propertyin such other state or territory as may be necessary or convenient in theoperation of such road; or any railroad company may sell or lease the whole orany part of its railroad or branches within this state, constructed or to beconstructed, together with all property and rights, privileges and franchisespertaining thereto, to any railroad company organized or existing pursuant tothe laws of the United States or of this state or of any other state orterritory of the United States; or any railroad company incorporated orexisting under the laws of the United States, or of any state or territory ofthe United States, may extend, construct, maintain and operate its railroad, orany portion or branch thereof, into and through this state, and may buildbranches from any point on such extension to any place or places within thisstate; and the railroad company of any other state or territory, or of theUnited States, which shall so purchase or lease a railroad or any part thereofin this state, or shall extend or construct its road or any portion or branchthereof in this state, shall possess and may exercise and enjoy, as to thecontrol, management and operation of the said road, and as to the location,construction and operation of any extension or branch thereof, all the rights,powers, privileges and franchises possessed by any railroad corporationsorganized under the laws of this state, including the exercise of the power ofeminent domain. Such purchase, sale, consolidation with, or lease may be madeor such aid furnished upon such terms and conditions as may be agreed upon bythe directors or trustees of the respective companies; but the same shall beapproved or ratified by persons holding or representing a majority in amount ofthe capital stock of each of such companies, respectively, at any annualstockholders' meeting or at a special meeting of the stockholders called forthat purpose, or by approval in writing of a majority in interest of thestockholders of each company respectively; provided, that nothing in theforegoing provisions shall be held or construed as curtailing the right of thisstate or of the counties through which any such road or roads may be located tolevy and collect taxes upon the same and upon the rolling stock thereof inconformity with the provisions of the laws of this state upon that subject; andall roads and branches thereof in this state, so consolidated with, purchasedor leased, or aided or extended into this state, shall be subject to taxationand to regulation and control by the laws of this state, in all respects thesame as if constructed by corporations organized under the laws of this state;and any corporation of another state or territory, or of the United States,being the purchaser or lessee of a railroad within this state or extending itsrailroad or any portion thereof into or through this state, shall establish andmaintain an office or offices in this state at some point or points on itsline, at which legal process and notice may be served as upon railroadcorporations of this state; provided, further, that before any railroadcorporation organized under the laws of any other state or territory or of theUnited States shall be permitted to avail itself of the benefits of this act[section], such corporation shall file with the secretary of state a true copyof its charter or articles of incorporation. Any consolidation by sale orotherwise, or any lease or agreement to sell, consolidate with or lease thewhole or any part of any railroad and its branch lines, organized under thelaws of Wyoming with the franchises appertaining thereto, to any railroadcompany organized or existing under the laws of the United States or of Wyomingor any other state or territory, or any consolidation between such companiesorganized under the laws of the United States or of Wyoming or any other stateor territory, and a corporation organized under the laws of Wyoming executedprior to February twenty-seventh, A.D. 1890, by the proper officers of thecompanies, parties to such sale, lease or consolidation or contract, is herebylegalized and made in all respects valid and binding from the date of itsexecution.
ARTICLE 2 - RIGHTS-OF-WAY
37-9-201. Repealed by Laws 1981, ch. 174, 3.
37-9-202. Renumbered as 37-9-311 by Laws 2001, Ch. 200, 3.
37-9-203. Lands heretofore taken may be acquired.
Anyrailroad company which may have prior to January ninth, A.D. 1891, taken any ofthe lands of this state for right-of-way and depot grounds shall, upon filing aplat and survey thereof, with the director, and payment for depot grounds, beentitled to a conveyance by letters patent, by the governor, conveying in feethe lands for depot grounds, and granting forever to such railroad company, itssuccessors and assigns, the right to take, use, occupy and enjoy for itsrailroad purposes, the lands so taken for right-of-way, for tracks androadways; provided, that in addition to the filing of such survey and plat,proof, to the satisfaction of the land commissioners, shall be made of theconstruction of such railroad across the land, and the erection of a station onthe lands claimed for depot grounds.
37-9-204. Rights-of-way for oil and gas companies.
Thelast two (2) preceding sections shall also apply to all gas and petroleum oilcorporations, companies and individuals, for the right-of-way ten (10) feetwide, through the school and other lands, over which the state has control, forthe purpose of carrying gas or oil through pipes, also land for pump stations,tanks, and other buildings, necessary to conduct the oil or gas product of thewells of Wyoming.
37-9-205. Plats of survey to be filed.
Thesecretary of state is hereby authorized to transfer to the office of thedirector all plats of survey which may have been filed in the office of thesecretary of state under the provisions of W.S. 37-9-201 [repealed], 37-9-203and 37-9-204, and from and after the passage of this section all plats ofsurvey required to be filed under the provisions of the sections aforesaidshall be filed with the director instead of with the secretary of state.
ARTICLE 3 - FIREGUARDS; FENCES; INJURIES TO STOCK
37-9-301. Fireguards.
Itshall be the duty of every railroad corporation operating its line of road, orany part of it, within this state, upon its right-of-way upon each side of itsroadbed, to maintain annually an effective fireguard upon order of andsatisfactory to specifications set forth by the department of transportation soas to prevent fire from spreading to lands adjacent to the right-of-way. Thefireguards need not be maintained within the limits of any city or town, noralong that portion of the line of a railroad where the desert or mountainouscharacter of the adjoining land would render such burning impractical orunnecessary.
37-9-302. Fireguards; penalty.
(a) Any railroad corporation failing to comply with theprovisions of W.S. 37-9-301 shall be liable to pay a penalty of one thousanddollars ($1,000.00) for each and every mile, or fractional mile, of any stripsof land it neglects to treat as directed by the department of transportationupon either side of the line of its road in this state, in each and every yearas stated, the penalty to be collected in any proper action in any court ofcompetent jurisdiction, in the name of the state of Wyoming, and when collectedit shall be paid into the school fund of the county where the cause of actionaccrued. The action shall be brought within one (1) year after the violation ofW.S. 37-9-301 occurs.
(b) The penalty imposed under subsection (a) of this sectionapplies to any railroad corporation failing to comply with W.S. 37-9-311.
37-9-303. Fireguards; liability for damages.
(a) Every railroad corporation operating itsline of road, or any part of it, within this state, shall be liable for alldamages by fire resulting from or caused by operating any such line of roadtogether with suppression costs, established by the department oftransportation, and any damages and costs in any court of competentjurisdiction.
(b) Any damage and suppression cost may be recovered by theparty damaged if an action is brought by the party injured within one (1) yearnext after said damages shall have been inflicted or caused. An injured partywho recovers more than has been last offered in writing by the railroad underthis section may be awarded reasonable attorney fees and other costs incurredin seeking recovery under this section if it is determined that the railroadacted unreasonably and without cause.
37-9-304. Fences and cattle guards; generally.
(a) All railway corporations, owning or operating a line ofrailway within the state, shall construct, maintain and keep in repair on eachside of the track thereof, a sufficient fence which meets or exceeds departmentof transportation fencing standards, so connected with suitable cattle guardsat all public road crossings as to prevent stock from getting on the railroadtrack of the corporation. The fence shall be constructed within nine (9) monthsafter the completion of any railroad track or any part thereof; provided, thatrailway corporations shall not be required to construct and maintain a fencewithin the boundaries of any incorporated city or town.
(b) Any corporation failing to comply with this section issubject to a fine of not less than one hundred dollars ($100.00) nor more thanseven hundred fifty dollars ($750.00) for each day during which a violationcontinues. Each county in which there is a failure to comply with this sectionshall constitute a separate violation. This penalty shall be prosecuted andcollected pursuant to the provisions of W.S. 37-9-302.
(c) No fine shall be assessed under subsection (b) of thissection against a corporation that has on file with the department oftransportation an approved plan for fence construction, reconstruction andmaintenance so long as the corporation is in full compliance with the terms andconditions of the approved plan.
37-9-305. Fences and cattle guards; liability for damages.
Anycorporation operating a railway and failing to fence the same and to constructand maintain suitable cattle guards as required by W.S. 37-9-304, shall beliable to the owner or owners of any livestock killed or injured by reason ofits failure to construct or keep in repair the fence or cattle guard in themanner provided in W.S. 37-9-304, for the full amount of the damage sustainedby the owner on account thereof and to make a prima facie case for recovery, itshall only be necessary for the owner to prove the loss or injury to his property;provided, that no corporation operating a railroad shall be liable for anydamage occasioned by the willful act of the owner or of his agent or employeesor for stock killed or injured on public road crossings unless negligence onthe part of the corporation, its agents, servants or employees can be shown.
37-9-306. Injury to stock; definitions.
Forthe purpose of this article the terms "livestock" and"stock" shall include all classes of horses, asses, mules, cattle,sheep, swine, buffalo, beefalo, llamas and other domesticated animals.
37-9-307. Injury to stock; notice to owner; procedure if ownerunknown.
Anyrailroad corporation injuring or killing any livestock, by running any engine,car or cars, over or against the livestock, shall immediately notify the owneror owners, a brand inspector or the department of transportation, giving a fulldescription, including the number, classes and brands, of the livestock, namingthe locality where the stock was killed or injured. It shall be theresponsibility of the corporation to retrieve the animal injured or killedafter identification and notification, and dispose of the animal within ten(10) days from the date of notification.
37-9-308. Injury to stock; owner to make sworn statement of value.
Anyperson owning any livestock which is killed or injured, in the manner set forthin W.S. 37-9-307, shall within thirty (30) days after the person is notified ofthe killing or injuring, as provided in W.S. 37-9-307, furnish the corporationhaving killed or injured the livestock, through its nearest agent, swornevidence of the value of the livestock. The corporation shall then report tothe department of transportation within thirty (30) days, receipt of the swornevidence of the value of the livestock killed or injured.
37-9-309. Payment of claims; time; interest; costs.
(a) Any railroad corporation liable for the payment of claimsfor damages from fire and livestock killed or injured shall either pay orreject the claim within sixty (60) days after notice and evidence of the claimis furnished by the claimant. All claims shall include information necessaryfor the railroad to verify property damage, value of property damages, andpropriety of claim with all supporting bills, when available. Claims shall notbe deemed filed until the information has been received by the railroad. Aclaim which is not rejected or paid within sixty (60) days shall be deemedgranted and shall constitute a lien upon the property of the railroad. Claimswhich are unpaid after sixty (60) days shall draw interest at the rate ofeighteen percent (18%) per annum until paid, whether voluntarily or by courtjudgment and order.
(b) With respect to any property damagecaused by a railroad, thecourt shall order the railroad corporation to pay the reasonable attorney feesand court costs incurred by a property owner if the court finds that therailroad corporation did not negotiate in good faith to establish thereasonable value of damages caused to the property owner by the railroad, or ifthe property owner was required to initiate legal proceedings against therailroad corporation to enforce a judgment for damages.
37-9-310. Authority of department of transportation to adopt rules andregulations; information to be provided.
The department of transportation shalladopt rules and regulations in accordance with the Wyoming AdministrativeProcedure Act prescribing standards for fireguards, fences and cattle guardserected and maintained by railroad corporations. The department oftransportation shall provide private property owners with information on whereto file a claim in the case of damage to private property caused by railroads.
37-9-311. Spraying weeds on rights-of-way.
Itshall further be the duty of the railroad to spray noxious weeds onrights-of-way to prevent spread to adjoining lands.
37-9-312. Immediate or urgent fence repairs.
(a) After notification to the railroad and the department oftransportation by the landowner concerning any damaged fence or a fence indisrepair, the landowner shall have the right to be reimbursed by the railroadfor the reasonable and customary costs for such repairs, provided:
(i) The landowner gives the railroad specific informationconcerning the location of the damage;
(ii) Following the notice by the landowner, the railroad failsto commit that it will make the repairs within three (3) business days of theinitial notice by the landowner or fails to complete the repairs within five(5) business days of the initial notice by the landowner; and
(iii) The need for repair is of an immediate or urgent nature asdetermined by the landowner and the department of transportation.
(b) Nothing in this section shall be construed as a prohibitionagainst a railroad immediately repairing the fence, the adjacent landowner andthe railroad mutually agreeing to other terms for such repairs, or to anadjacent landowner making such repairs at his own expense.
ARTICLE 4 - DEPOTS; SALE OF TICKETS; DEMURRAGE
37-9-401. Establishment of depots; when required; deviation to avoidestablishment prohibited.
Norailroad company shall construct or operate a railroad within four (4) miles ofany existing town or city without providing a suitable depot or stopping placeat the nearest practicable point for the convenience of said town or city, andstopping all trains doing local business at said stopping place. No railroadcompany shall deviate from the most direct practicable line in constructing arailroad for the purpose of avoiding the provisions of this section.
37-9-402. Establishment of depots; prosecution; notice to railroad.
Wheneverit shall come to the knowledge of the district attorney for any county in thisstate, or whenever complaint shall be made to such officer by any citizen orcitizens thereof, that any railroad corporation or company doing business andrunning trains in or through such county is neglecting or refusing to provide asuitable depot or stopping place as provided by W.S. 37-9-401, or violating anyof the provisions thereof, it shall be the duty of the district attorney tomake a personal examination of the conditions complained of and if he findsthat such railroad corporation or company has not provided a suitable depot orstopping place for the convenience of any town or city, and is not stopping alltrains doing local business thereat, he shall at once prepare and cause thesheriff of his county to serve a written notice on any officer or agent of suchrailroad corporation or company to be found in said county to the effect thatsuch violation exists in the vicinity of a certain town or city, naming it, andnotifying said company that unless remedied within thirty (30) days from thedate of the service of said notice, and in strict compliance with W.S.37-9-401, proceedings against said derelict company will be commenced in thedistrict court of such county to compel such compliance, and also to enforcethe penalty provided for in W.S. 37-9-403.
37-9-403. Establishment of depots; penalty.
If,after the expiration of thirty (30) days from the service of the noticehereinbefore specified, the said railroad corporation or company still neglectsor refuses to comply with the term of such notice and with the provisions ofW.S. 37-9-401, it shall, on conviction, be fined in the sum of fifty dollars($50.00) for each day of such delinquency after the expiration of such thirty(30) days notice, up to, and including the day and date on which judgment maybe rendered, and also for costs of suit, recoverable by an action in thedistrict court of such county to be brought by the district attorney thereof,and all fines collected under this statute shall be covered into the treasuryof the county in which such action is brought. It shall also be the duty of thedistrict attorney aforesaid to promptly institute mandamus proceedings againstsuch derelict railroad corporation or company in the district court to enforcethe provisions of W.S. 37-9-401 through 37-9-403.
37-9-404. Sale of tickets; agent to have certificate of authority.
Itshall be the duty of the owner or owners of any railroad or other conveyancefor the transportation of passengers to provide each agent who may beauthorized to sell tickets or other certificates, entitling the holder totravel upon any railroad or other public conveyance, with a certificate,setting forth the authority of such agent to make such sales, which certificateshall be duly attested by the corporate seal, if such there be, of the owner ofsuch railroad or other public conveyance and also by the signature of the owneror officer whose name is signed upon the tickets or coupons which such agentmay sell.
37-9-405. Sale of tickets; sale without certificate prohibited.
Itshall not be lawful for any person not possessed of such authority soevidenced, to sell, barter or transfer, for any consideration whatever, thewhole or any part of any ticket or tickets, passes or other evidences of theholder's title to travel on any railroad or other public conveyance, whetherthe same be situated, operated or owned within or without the limits of thisstate, except as authorized by this act.
37-9-406. Sale of tickets; penalty for violating W.S. 37-9-405.
Anyperson or persons violating the provisions of the preceding section shall bedeemed guilty of a misdemeanor, and shall be liable to be punished by a fine ofnot exceeding five hundred dollars ($500.00) and by imprisonment not exceedingone (1) year, or either or both, in the discretion of the court in which suchperson or persons shall be convicted.
37-9-407. Sale of tickets; certificate of authority to be posted;form.
Itshall be the duty of every agent who shall be authorized to sell tickets orparts of tickets, or other evidences of the holder's title to travel, toexhibit to any person desiring to purchase a ticket, or to any officer of thelaw who may request him, the certificate of his authority thus to sell, and tokeep said certificate posted in a conspicuous place in his office, for theinformation of travelers, in substantially the following form:
Agent'sCertificate.
To whom it mayconcern: Notice is hereby given that .... is an agent in the employ of ....company at .... authorized to sell tickets entitling the holder to travel upon.... Witness the corporate seal of .... company, and the hand of .... Generalpassenger and ticket agent.
37-9-408. Sale of tickets; unused tickets redeemable; sale of unusedticket by purchaser.
Itshall be the duty of the owner or owners of railroads, or other publicconveyances, to provide for the redemption of the whole or any parts, orcoupons of any ticket or tickets, as they may have sold, as the purchaser forany reason has not used and does not desire to use, at a rate which shall beequal to the difference between the price paid for the whole ticket and thecost of a ticket between the points for which the proportion of said ticket wasactually used; and the sale by any person of the unused portion of any ticketotherwise than by the presentation of the same for redemption, as provided forin this section, shall be deemed to be a violation of the provisions of thisact, and shall be punished as hereinbefore provided; provided, that this actshall not apply to the sale of first-class tickets; and provided, that this actshall not prohibit any person who has purchased a regular first-class ticketfrom any agent authorized by this act with the bona fide intention of travelingupon the same the whole distance between the points named in the said ticket,from selling the unused part of the same to any other person, if such persontravels upon the same, unless said tickets shall be special contract ticketsand the local fare to the point to which said ticket may be used shall equalthe price paid for such special contract ticket.
37-9-409. Demurrage on cars.
Allrailroads, shipping cars, or parts of cars of all commodities, from any pointin the state of Wyoming, to consignees in any other part of this state, shallgive time, free of charge, for loading and unloading said cars, or parts ofcars, as follows: All loaded cars, taking track delivery, which are to beunloaded by the consignee thereof, or the party whose interest may appear, orcars set for loading which are to be loaded by consignor, shall be limited toforty-eight (48) hours of free time, computed from seven (7:00) o'clock a.m.,of the day following the day legal notice of arrival is given (having beenplaced at an accessible point for unloading), and may be subject thereafter toa charge of one dollar ($1.00) per car for each day, or fraction of a day, thatthey may remain unloaded, in possession of the railroad company after said freetime; provided, however, that if after placing a car, or cars, as required in thissection, the railroad company shall, during or after free time, temporarilyremove all, or any of them, or in any way obstruct the unloading of same, theconsignee shall not be chargeable with the delay caused thereby; provided, thatwhen on account of delay or irregularity of transportation, cars are bunchedand delivered to consignee in numbers beyond his reasonable ability to load andunload within the free time prescribed by these rules, he shall be allowed bythe carrier such additional time as may be necessary to load and unload cars,so in excess, by the exercise of usual diligence on the part of the consignee.
37-9-410. Additional charges for delay forbidden.
Anyrailroad company, operating within the state of Wyoming, and transportingcommodities from a consignor to a consignee, within this state, shall notcharge to either the consignor, or consignee of said commodities any additionalsum of money, for freight or transportation, on account of any delay in thetransportation or delivery of same, not caused by the direct act or agency ofthe said consignor or consignee.
ARTICLE 5 - LIABILITY FOR INJURY OR DEATH OF EMPLOYEE
37-9-501. Death or injury due to negligence.
Everyperson or corporation operating a railroad in the state shall be liable indamages to any person suffering injury while he is employed by the person orcorporation so operating any railroad, or, in case of the death of an employee,instantaneously, or otherwise, to his or her personal representative, for thebenefit of the surviving widow or husband and children of the employee; and, ifnone, then of the employee's parents; and, if none, then of the next of kindependent upon the employee, for the injury or death resulting in whole or inpart from the negligence of any of the officers, agents, or employees of theperson or corporation so operating the railroad in or about the handling,movement, or operation of any train, engine, or car, on or over the railroad,or by reason of any defect or insufficiency, due to its negligence, in itscars, engines, appliances, machinery, track, roadbed, works, or otherequipment.
37-9-502. Contributory negligence.
Inall actions hereafter brought against any such person or corporation sooperating such railroad, under and by virtue of any of the provisions of thisact, the fact that the employee may have been guilty of contributory negligenceshall not bar a recovery, but the damages shall be diminished by the jury inproportion to the amount of negligence attributable to such employee; provided,that no such employee who may be injured or killed shall be held to have beenguilty of contributory negligence in any case where the violation by suchperson or corporation so operating such railroad, of any statute enacted forthe safety of employees contributed to the injury or death of such employee.
37-9-503. Assumption of risk.
Anyemployee of any such person or corporation so operating such railroad shall notbe deemed to have assumed any risk incident to his employment when such riskarises by reason of the negligence of his employer or of any person in theservice of such employer.
37-9-504. Contracts restricting liability void.
Anycontract, rule, or regulation or device whatsoever, the purpose or intent ofwhich shall be to enable any such person or corporation, so operating suchrailroad to exempt itself from any liability created by this act shall, to thatextent, be void. Nor shall any contract of insurance, relief, benefit orindemnity in case of injury or death, entered into prior to the injury, betweenthe person so injured and such corporation, or any person or association actingfor such corporation, nor shall the acceptance of any such insurance, relief,benefit, or indemnity by the person injured, his widow, heirs, or legalrepresentatives after the injury, from such corporation, person or association,constitute any bar or defense to any cause of action brought under theprovisions of this act, but nothing herein contained shall be construed toprevent or invalidate any settlement for damages between the employer and theemployees subsequent to injuries received.
37-9-505. Two-way radios required; penalty.
(a) When a railroad train is operated inWyoming with a caboose, it shall be equipped with operable, two-way radioslocated in the lead locomotive and in the caboose. The radios shall have andbe operated at the same frequency as the control operator on the railroad onwhich the train is operated if the control operator is equipped with radios.
(b) When a railroad train is operated in Wyoming without acaboose, the train crews shall be supplied with an operable, portable two-wayradio. The radio shall have and be operated at the same frequency as thecontrol operator on the railroad on which the train is operated if the controloperator is equipped with radios.
(c) Violation of this section is a misdemeanor punishable by afine of not more than seven hundred fifty dollars ($750.00). Each trainoperating without the required radios is a separate violation.
ARTICLE 6 - RECOVERY FOR LABOR OR SUPPLIES
37-9-601. Contractor's bond.
Whenever any railroad company shallcontract with any person, persons or corporation for the construction of itsrailroad or any part thereof, the company shall take from the person, persons,or corporation with whom a contract is made, a good and sufficient bond, insome guarantee or surety company authorized to do business in this state,conditioned that the contractor or contractors shall pay or cause to be paidall laborers, mechanics, materialmen, ranchmen, farmers, merchants, and otherpersons who supply the contractor or contractors, or any of his or theirsubcontractors, with labor, work, material, ranch or farm products, provisions,goods or supplies of any kind, all just debts incurred therefor in carrying onthe work, which bond shall be filed by the company in the office of the countyclerk in the county where the principal work of the contractor shall be carriedon; and if any railroad company shall fail to take a bond, the railroad companyshall be liable to the persons herein mentioned to the full extent of all debtsso contracted by the contractor, or contractors, or any of his or theirsubcontractors. Any contractor or contractors may take a similar bond from eachof his or their subcontractors to secure the payment of all debts of the kind abovementioned, incurred by him, and file the same as above provided. All personsmentioned in this section to whom any debt of the kind above mentioned shall bedue from any contractor or subcontractor shall severally have a right of actionupon any bond covering the debt taken as herein provided for the recovery ofthe full amount of the debt, and a certified copy of the bond shall be receivedas evidence in any action; provided, however, that in order that the right ofaction upon the bonds may exist, the person or parties herein granted the rightshall comply with either of the following conditions, to-wit: First, an actionin a court of competent jurisdiction, in the county where the bond is filedshall be commenced within ninety (90) days after the last item of indebtednessshall have accrued; or second, an itemized statement of the indebtedness dulyverified shall within ninety (90) days after the last item of the indebtednessshall have accrued be filed in the office of the county clerk of the proper county;and an action shall be brought in any court of competent jurisdiction of thecounty within three (3) months after the filing of the statement. In case anaction is commenced upon the bond of a contractor, the contractor may givenotice thereof to the subcontractor liable for the claim, and in a case theresult of the action shall be binding upon the subcontractor, and his sureties,and in any case when a contractor has paid a claim for which a subcontractor isliable, the contractor shall bring action against the subcontractor and hissureties within sixty (60) days after the payment of the claim.
37-9-602. Verified statement of account; to be delivered to company;account to be withheld out of subsequent payments.
Everylaborer, mechanic, ranchman, farmer, merchant, or other person performing anywork or labor or furnishing any material, ranch or farm products, provisions,goods, or supplies to any contractor or subcontractor, in the construction ofany railroad, or any part thereof, used by such contractor or subcontractor incarrying on said work of construction whose demand for work, labor, material,ranch or farm products, provisions, goods, or supplies so furnished has notbeen paid, may deliver to the company owning such railroad or to its agent, averified account of the amount and value of the work, and labor so performed orthe material, ranch or farm products, provisions, goods or supplies sofurnished, and thereupon such company, or its agent, shall retain out of thesubsequent payments to the contractor or contractors the amount of such unpaidaccount for the benefit of the person to whom the same is due.
37-9-603. Verified statement of account; recovery procedure.
Wheneverany verified account mentioned in the last preceding section shall be placed inthe hands of any railroad company or its agent as above stated, it shall be theduty of such company to furnish the contractor with a copy of such verifiedaccount, so that if there be any disagreement between the debtor and creditor asto the amount due the same may be amicably adjusted, and if the contractor orsubcontractor, if he be the debtor, shall not, within ten (10) days after thereceipt of such account, give the said railroad company or its agent, writtennotice that the claim is disputed, he shall be considered as assenting to itspayment, and the railroad company or its agent, shall be justified in payingthe same when due and charging the same to the contractor. The person orpersons to whom any such debt is due and who shall deliver a verified accountthereof as above provided may recover the amount thereof in an action at law,to the extent of any balance due by the railroad company to the contractor ator after the time of delivering the verified account; provided, that nothingcontained in this section or in section 2 of this act shall interfere with theright of action upon the bond or bonds provided for in section 1 of this act,or against the railroad company for the full amount of any such debt in case ofa failure of the company to take a bond.
ARTICLE 7 - CONDITIONAL SALES OF EQUIPMENT
37-9-701. Contracts valid; conditions to validation against subsequentpurchaser for value.
(a) In any contract for the sale of railroador street railway equipment or rolling stock, it shall be lawful to agree thatthe title to the property sold or contracted to be sold, although possessionthereof may be delivered immediately, or at any time or times subsequently,shall not vest in the purchaser until the purchase price shall be fully paid,or that the seller shall have and retain a lien thereon for the unpaid purchasemoney. And in any contract for the leasing or hiring of such property, it shallbe lawful to stipulate for a conditional sale thereof at the termination ofsuch contract, and that the rentals or amounts to be received under suchcontract, may, as paid, be applied and treated as purchase money, and that thetitle to the property shall not vest in the lessee or bailee until the purchaseprice shall have been paid in full, and until the terms of the contract shallhave been fully performed, notwithstanding delivery to and possession by suchlessee or bailee; provided, that no such contract shall be valid as against anysubsequent judgment creditor, or any subsequent bona fide purchaser for valueand without notice, unless:
(i) The same shall be evidenced by an instrument executed bythe parties and duly acknowledged by the vendee or lessee or bailee, as thecase may be, or duly proved, before some person authorized by law to takeacknowledgment of deeds, and in the same manner as deeds are acknowledged orproved;
(ii) Such instrument shall be filed for record in the office ofthe secretary of state;
(iii) Each locomotive engine, or car so sold, leased or hired, orcontracted to be sold, leased or hired as aforesaid, shall have the name of thevendor, lessor, or bailor plainly marked on each side thereof, followed by theword "owner" or "lessor" or "bailor", as the casemay be.
37-9-702. Chattel mortgage laws not to apply.
Statutesrelating to the filing, recording, interpretation, or validity of chattelmortgages shall not affect the recording, interpretation, or validity ofcontracts of the character hereinbefore named, but the same shall be controlledby the provisions of this act alone. And the contracts hereinbefore named shallnot be affected by the provisions of chapter 40, Session Laws of 1895.
37-9-703. Contracts to be filed; provisions for release; fees.
Thecontracts herein authorized, or a certified copy thereof, shall be filed by thesecretary of state in a special file to be kept for that purpose. On payment infull of the purchase money, and the performance of the terms and conditionsstipulated in any such contract, a declaration in writing to that effect may bemade by the vendor, lessor, or bailor, or his or its assignee, whichdeclaration may be made on the contract or certified copy thereof, duly attested,or it may be made by a separate instrument, to be acknowledged by the vendor,lessor, or bailor or his or its assignee, and filed as aforesaid. The secretaryof state shall collect a fee of five dollars ($5.00), for filing each of saidcontracts, and a fee of two dollars ($2.00) for filing each of saiddeclarations, and a fee of one dollar ($1.00) for noting such declaration onthe margin of the contract or certified copy thereof.
ARTICLE 8 - RAIL TRACK MOTOR CARS
37-9-801. Requirements as to equipment.
Itshall be unlawful for any owner or operator of a railroad running through orwithin the boundaries of the state of Wyoming and engaged in the business ofcommon carrier to operate for or transport its employees in a motor car whichis not equipped with a reasonably substantial top for the protection of saidemployees from rain, snow, sleet and hail, and equipped with a transparentwindshield sufficient in width and height to reasonably protect said employees,which windshield shall be of safety glass and such car shall also be equippedwith a permanently placed electric headlamp of sufficient candlepower as torender visible at a distance of three hundred (300) feet in advance of such carunder ordinary atmospheric conditions, any obstruction, landmark, warning signor grade crossing on such railroad. Said car shall also be equipped with one(1) red electric light on the rear end thereof with sufficient candlepower asto be visible at a distance of three hundred (300) feet under ordinaryatmospheric conditions, and such car shall also be equipped with a windshieldwiper that will remove rain, snow and sleet from the windshield on such carwhile such car is moving and said windshield shall be so devised that thedriver of said car can start or stop said windshield wiper while he is drivingthe car.
37-9-802. Penalty; exceptions.
Anyowner or operator of a railroad running through or within this state as acommon carrier of persons or property or both, for compensation, who eitheroperates for its employees, or who furnishes to its employees for theirtransportation to or from the place or places where they are required to labor,a rail track motor car that has not been fully equipped as required by W.S.37-9-801, shall be deemed guilty of a misdemeanor and fined not less than onehundred dollars ($100.00) nor more than five hundred dollars ($500.00) for eachoffense, and each day or part of a day it operates or furnishes each of therail track motor cars not so equipped as provided in W.S. 37-9-801, to itsemployees for operation to or from the place or places where they are requiredto work shall constitute a separate offense, provided that any common carrierthat has not been able to equip its rail track motor cars as required by theprovisions of W.S. 37-9-801, on or before the effective date can, by applyingto the department of transportation, which is authorized to, and upon goodcause shown, grant by order, additional time to any owner or operator of acommon carrier by railroad, in which to equip the cars, not to exceed one (1)year from the effective date of this act. When an order has been granted by thedepartment to the carrier, the provisions of W.S. 37-9-801 and 37-9-802penalizing rail carriers who do not equip their cars shall not be applicable tothose carriers securing an order for additional time in which to equip theircars during the period granted to them only by order of the department.
ARTICLE 9 - PURCHASE OF RAILROAD PROPERTY
37-9-901. City and county authority to acquire and lease railroadlines and to receive grants and loans.
(a) Except as otherwise provided in thisarticle, cities, towns or counties within the state acting either singly orjointly pursuant to the Wyoming Joint Powers Act are authorized to:
(i) Purchase, own, improve, rehabilitate, maintain, repair orreplace railroad lines;
(ii) Lease or let any portion of the railroad lines referred toin paragraph (a)(i) of this section to any private person, company, corporationor carrier upon terms and conditions and for either a fixed fee or a fee basedon a percentage of the revenue collected from the railroad operation asdetermined by the governing body or bodies; and
(iii) Apply for and accept grants, loans or loan guarantees asauthorized by law to carry out the provisions of this article.
37-9-902. Limitations of authority.
(a) The actions authorized in W.S. 37-9-901may be taken only if a rail carrier has:
(i) Abandoned or filed an application to abandon railroad lineswith the proper regulatory authority; or
(ii) Taken action leading to potential abandonment of railroadlines as required by the proper regulatory authority.
(b) No city, town or county acting either singly or jointly mayoperate a railroad or provide railroad services.
(c) Except as otherwise provided in this subsection, a city,town or county acting either singly or jointly shall not purchase railroadlines at a price greater than the net salvage value or fair market value of therailroad lines as determined by the proper regulatory authority. Thissubsection does not prohibit a city, town or county acting either singly orjointly from negotiating a settlement of the net salvage value or fair marketvalue of the railroad lines.
37-9-903. Liability insurance; immunity.
(a) A city, town or county acting eithersingly or jointly shall require a lessee of railroad lines to obtaincomprehensive liability insurance covering damages resulting from the operationof a railroad leased by the city, town, county or joint powers board pursuantto W.S. 37-9-901(a)(ii).
(b) A city, town or county acting either singly or jointly isimmune from liability arising out of any claim, demand, suit or judgment forany damage or injury caused by or involving the operation of a railroad. Thelessee of any railroad lines leased by a city, town, county or joint powersboard is liable for any injury or damage caused by or involving the operationof railroad lines and no cause of action is allowed against the city, town,county or joint powers board for any injuries or damages caused by or involvingthe operation of railroad lines.
ARTICLE 10 - RAILROAD ABANDONMENT
37-9-1001. Policy to prevent abandonment.
Itis the policy of this state to prevent the loss of railroad service andcompetition in the provision of railroad service by preventing abandonment ofrailroad lines.
37-9-1002. Department of transportation authority to take action; whenaction may be taken; attorney general and department of transportationresponsibility.
(a) To fulfill the policy stated in W.S.37-9-1001 the department of transportation shall, subject to subsections (b)and (c) of this section, take the following actions:
(i) Protest applications filed or other actions taken by a railcarrier to abandon railroad lines;
(ii) Protest, challenge by legal action or intervene in railcarrier actions leading to potential abandonment of railroad lines;
(iii) Investigate the evidence offered by a rail carriersupporting the subsidy amount or minimum sale or salvage price of railroadlines to be abandoned and intervene in abandonment proceedings to challengeunjustified subsidy amounts and minimum sale or salvage prices;
(iv) Provide technical assistance to prospective rail carriersand to counties and municipalities seeking to purchase and operate railroadlines which other rail carriers are seeking to abandon or are likely to seek toabandon and provide assistance in preparing any filings with federal agenciesnecessary for them to purchase the railroad lines at the minimum sale orsalvage price or to begin operations;
(v) Bring a legal action or intervene in a legal action orregulatory action to reduce the costs of trackage rights established in anagreement where the costs or conditions of the agreement appear to becontributing to potential abandonment of railroad lines or discouragingdiscovery of a prospective replacement rail carrier.
(b) The department shall take the actions authorized insubsection (a) of this section if:
(i) A danger of potential abandonment of a railroad line existswhich will cause an adverse impact on rural and community development;
(ii) The county commissioners of any county or the governingbody of any municipality in which any part of a railroad line subject topotential abandonment is located requests action;
(iii) The governor directs action to be taken; or
(iv) The department determines action is necessary to protectthe public interest.
(c) The department may decide not to take any action authorizedin subsection (a) of this section if it determines the action does not have areasonable chance of fulfilling the policy stated in W.S. 37-9-1001.
(d) The attorney general shall assist and represent thedepartment in any action taken as authorized in this section.
(e) The department is responsible for state rail planning andshall assist the attorney general in any action taken as authorized insubsection (a) of this section and shall provide technical advice andassistance to counties, municipalities and prospective rail carriers seeking topurchase and operate railroad lines which are abandoned or subject to potentialabandonment.
ARTICLE 11 - LIABILITY FOR INJURY OR DEATH OF PERSONSUNLAWFULLY RIDING ON RAILROAD
37-9-1101. Injury or death of persons unlawfully riding on railroads;immunities.
Exceptin cases of attractive nuisance, no person owning, operating, loading orunloading a railroad car or train shall be liable for any damages for theaccidental death or injury of a person occurring while the person was ridingthe railroad car or train in violation of W.S. 37-12-104, or while the personwas boarding or unboarding from the railroad car or train without the consentof the owner or operator of the railroad car or train.
ARTICLE 12 - EMERGENCIES
37-9-1201. Emergency preparedness plan.
(a) Each rail common carrier having annualcarrier operating revenues in excess of ten million dollars ($10,000,000.00),which transports a hazardous material or hazardous waste (as defined by Title49 of the Code of Federal Regulations, Section 171.8, as may be revised andamended), shall adopt an emergency preparedness plan within sixty (60) days ofthe effective date of this act or the date of the rail common carrier's firsttransport of such materials within the state of Wyoming. The plan shall includeas a minimum, the following:
(i) Notification procedures for advising the appropriate firedepartment or district or other public agency having the responsibility forresponding to any emergency occurring in the area of any condition involving arelease or threatened release of a hazardous material or hazardous waste wherethere is a reasonable belief that the actual or threatened release poses asignificant present or potential harm to persons, property or the environment;
(ii) Procedures for mitigation of any such release or threatenedrelease to minimize any potential harm or damage to persons, property or theenvironment; and
(iii) Training procedures to instruct railroad personnel on theactions to take in the event of any condition involving a release or threatenedrelease of a hazardous material or hazardous waste where there is a reasonablebelief that the actual or threatened release poses a significant present orpotential harm to persons, property or the environment.
(b) The plan required in subsection (a) of this section shallbe filed with the Wyoming department of transportation within fifteen (15) daysof the rail carrier's adoption of such emergency preparedness plan.
(c) Any rail common carrier which violates any provision ofthis section or its emergency preparedness plan shall be liable for a penaltyof up to ten thousand dollars ($10,000.00) per day for each violation, to beassessed in a civil action.
ARTICLE 13 - ENVIRONMENTAL INVENTORY AND CLEANUP
37-9-1301. Environmental inventory and cleanup after cessation of railservice.
(a) Any rail common carrier having annualcarrier operating revenues in excess of ten million dollars ($10,000,000.00),which ceases service on any railroad operating right-of-way in the state ofWyoming, shall comply with the requirements of this section. Within sixty (60)days of the date a rail common carrier ceases service, the carrier shall filewith the Wyoming department of environmental quality a report certifying thatthe operating rights-of-way over which service is ceasing are in compliancewith the Wyoming environmental quality laws or providing a plan to bring theoperating rights-of-way into compliance. The report shall:
(i) Identify any release, leak, discharge or spill required tobe reported under the Wyoming environmental quality laws which the rail carrierknew or should have known occurred on the operating rights-of-way over whichservice is ceasing;