Colorado § 40-27-111 - Owner declining estimate.
Full text of Colorado Colorado Revised Statutes § 40-27-111 — Owner declining estimate., with citation guidance and answers to common questions.
§ 40-27-111. Owner declining estimate.
Should any owner of any animal so killed or wounded by any railroad company decline to accept the estimated value of such animal or the estimated amount of such damage as fixed by the stock inspector or to submit the same to the arbitration of the said board, within six months he shall file sworn proof and affidavit of his claim with the station agent of such railroad company or corporation, and the railway company or corporation or the assignee or lessee thereof shall pay to such person delivering such demand the actual value of said animal if killed or the actual amount of damage if injured. If such claim for damages and such proof of ownership is not presented to the station agent of said railway company or corporation within six months of the date of such killing or injuring, it shall thereafter be forever barred.
Source: L. 11: p. 406, § 10. C.L. § 2872. CSA: C. 139, § 58. CRS 53: § 116-8-11. C.R.S. 1963: § 116-8-11.
ANNOTATION
Owner required to file demand with station agent. The owner is required to file his demand with the station agent as required by this section, only in the event he declines, after being notified, to accept the estimated value or to arbitrate. Chicago, R. I. & Pac. Ry. v. Eyster, 69 Colo. 168, 169 P. 1181 (1918); Denver & R. G. R. R. v. Wright, 64 Colo. 310, 171 P. 499 (1918); Adams v. Chicago, B. & Q. R. R., 67 Colo. 2, 185 P. 271 (1919).
Owner not required to file until company complies with certain provisions. Under this section the owner of an animal killed upon the tracks of a railway is not required to file a claim with the station agent, until nor unless the railway company has complied with the provisions of §§ 40-27-106 to 40-27-110, which are conditions precedent, imposed upon the railway company. Denver & R. G. R. R. v. Wright, 64 Colo. 310, 171 P. 499 (1918).
Where plaintiff was given no opportunity to decline, he is not required to file sworn proof and affidavit with the station agent. Denver & R. G. R. R. v. Wright, 64 Colo. 310, 171 P. 499 (1918).
Frequently Asked Questions About Colorado § 40-27-111
What does Colorado Revised Statutes § 40-27-111 cover?
Section 40-27-111 ("Owner declining estimate.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 40-27-111?
A common citation format is "Colorado Revised Statutes § 40-27-111" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 40-27-111 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.