Colorado § 40-27-106 - Engineer to notify agent - inspection.

§ 40-27-106. Engineer to notify agent - inspection.

(1) Whenever any cattle, sheep, horses, mules, or asses are killed or injured by any train, engine, or car upon any railway in this state, it is the duty of the engineer operating the engine, train, or car to notify the station agent at the first station at which the train stops after the killing or wounding or the superintendent or other proper official at the end of the division where the engineer's run ends. Should none of the employees of the train be aware of such killing or wounding, then it is the duty of any employee of the railway who becomes aware of such accident to notify the station agent at the nearest station to the point where the accident occurred.

(2) It is the duty of the railroad company, through its station agent or such other official as may be designated, upon receipt of the information of the killing or wounding of any such livestock by any engine, train, or car, as soon as may be, to notify the section foreman upon whose section the accident occurred and also the nearest inspector of the state board of stock inspection commissioners.

(3) It is the duty of the section foreman upon receiving the information to go to the point where the animal was killed or injured as soon as may be and there inspect the same, securing a full description of the animal together with any brands or marks that are upon the same and such other details as may serve to determine the ownership of such animal.

(4) It is the duty of said stock inspector, as soon as may be after receiving said notice, to go to the point where the animal was killed or injured and there inspect the same, securing a full description of the animal together with any brands or marks that may be on the same and such other details as may serve to determine ownership of such animal. It is also the duty of the inspector to estimate as nearly as possible the probable value of said animal if killed or the amount of damages if injured.

(5) Should the animal be so badly injured that it is in great suffering and cannot live or recover, it is the duty of either the stock inspector or the section foreman upon inspection to immediately kill the animal. If through any cause such an authorized inspector does not appear to inspect such animal so killed within thirty-six hours after such killing, it is the duty of the section foreman to remove the hide of said animal and preserve the same until it has been inspected by such inspector, and thereafter the carcass of such animal shall be disposed of by the railroad company, without prejudice to its rights, in such manner as it may determine.

Source: L. 11: p. 402, § 5. C.L. § 2867. CSA: C. 139, § 53. CRS 53: § 116-8-6. C.R.S. 1963: § 116-8-6.

Cross references: For the creation of a state board of stock inspection commissioners, see article 41 of title 35.

ANNOTATION

Meeting section's requirements of notice to station agent. Where in an action for the value of an animal killed at a railroad crossing, the plaintiff testified that he could not give the name of the person on whom he served notice that the animal had been killed, but that he answered as the ticket agent of the railroad company at its depot, the evidence was sufficient to establish that the person served was the ticket or station agent of the railroad company, so as to meet the requirements of this section, providing for notice to the ticket or station agent of the railroad company. Rio Grande W. Ry. v. Boyd, 44 Colo. 119, 96 P. 781 (1908) (decided prior to L. 11, p. 402, § 5).