The Russellville Democrat., 1875-03-04
THE GENERAL AS-
 SEMBLY.
Acts passed at Present Session.
The Railroad Law.

An Act Requiring Railroad Companies t
 Pay for damages to Persons and Property
 and for other Purposes.
 1 SECTION 1. All railroads which are now or may be hereafter built .and operated in whole or in part in this state, shall be responsible for all damages to persons and property, done or causel by the running of trains in this state.
 Sec. ?. Whenever any stock, such as horses, cows, hogs, sheep, etc, are killed, wounded or injur- ed, by railroad trains running in this state, the conductor or engin- eer on the train doing the damage shall cause the station master or overseer at the nearest station house to the killing or wounding, to post, within one week thereafter, and to keep posted for twenty days thereafter, q true and correct de- scription of such stock as may have been so killed or wounded, at the nearest station house and nearest depot-house, giving a true and correct description of the color, marks, brands, and other natural description that may assist in iden- tifying such stock, and the time and place where killed or wound ed; and on failure to so advertise any stock so killed or wounded, the owner shall recover double damages for all stock so killed and not advertised.
 Sec. 3. When any adult person be killed by railroad trains run ming in thls state, the husband may sue for damages to a wife. In all other cases the legal repre- sentativcs shall sue. If the adult be wounded, he may sue in his own name. When the person so killed or wounded be a minor, the faith CT if living, if not, then the mother, if neither be living the guardian, may sue and recover such damag- es as the court orjury trying may assess.
 Sec. 4. Any person who owns stock as aforesaid in his own right, or who has a special ownership therein, having any such horses, mules, cattle or other stock, killed or wounded by any railroad trains running in this state, may sue the company running such trains for the damages sustained by such killing or wounding, in any court having jurisdiction of the amount of damages in the county where the killing or wounding occurred, at any time within twelve months after the killing or wounding oc- cured, and recover such damages as the court trying the case may assess.
 Sec. }. When any such stock are killed or wounded by any rail road train, the company or the par l ty damaged may propose to the other to arbitrate the amount ot damages, and on agreement to dc so, each party shall choose one referee from the vicinity where the damages occurred, these two in case of disagreement, to select q third referee, who shall be sworn to truly assess the damages, and any two of whom agreeing shall reduce their finding to writing sign it in duplicate, and deliver ono copy to the railroad company ol agent, and the other to the party damaged; on paying such aware of damages by the railroad within ten days they shall be forever re ] leased from all further damages.
 See. 6. Service by process ol summons issued by any court, un der the provisions of this act, shal be serving a copy of the summons on any agent of the railroad com pany sued, at any depot house il the county where suit is brought
 Sec. '. The property of an, railroad company may be lcvie, on and sold, under any execution issued on judgement for damag es under this act, in the same man ner and under the same rules gov
 erning other judgements at law. Sec. 8. The killing of stock ol , any railroad track shall be prim'
 facie evidence that it was done b. the trains, and the onus to prov , the reverse will be on the railroa'
 company.