The Glenwood post., 1911-08-12

every animal injured, by the engines or
cars of such railway company or cor
poration in this state, or assignees or
lessee thereof, unless the railway com
pany or corporation shall, by competent
evidence, afirmatively show that such
killing or wounding was not caused by
the negligence of such railway com
pany or corporation, or assignee or
lessee thereof;
Provided, That on the trial of all ac-
tions for damages arising hereunder,
after the time for building fences in
this act limited shall have expired, in
order to admit evidence of absence of
negligence, the defendant shall first be
held to show a compliance with this
act in relation to the erection and
maintenance of fences, gates and cattle
guards.
Sec. S. Whenever any cattle, sheep,
horses, mules or asses are killed or in
jured by any train, engine OF car upon
any railway in this state, it shall be
the duty of the engineer operating said
engine, train or car to notify the sta
tion agent at the first station at which
said train stops after said killing "r
wounding, or the superintendent or 9th
er proper official at the end of the di
vision where said engineer run ends.
Should none of the employees of said
train be aware of such killing or wound
ing, then it shall be the duty of any
employe of said railway who shall be-
come aware of such accident to notify
the station agent at the nearest station
to the point where said accident occur
red. 1t shall be the duty of the rail
road company, through its station
agent or such other official as may be
designated. upon receipt of information
of the killing or wounding of any such
live stock by any engine, train or car
to as soon as possible cause the section
foreman upon whose section said acci-
dent occurred to be notified and the
nearest inspector of the state board of
also be notified, and it shall be the duty
of the said stock inspector and the said
foreman to go to the point where the
said animal is killed or injured as soon
as may be after securing such informa-
tion and there inspect the same, secur-
ing full description of the animal, to-
gether with any marks or brands that
may be upon same, and such other de.
tails as may serve to determine the own
ership of such animal. 1t shall be the
duty of the said stock inspector to also
estimate, as nearly as possible, the prob
able value of said animal if killed, or
the amount of damage if injured, and
should the animal be SO badly injured
that it is in great suffering and cannot
live or recover, it shall be the duty of
the stock inspector to Immediately kill
said animal, and thereafter the carcass
of such animals shall be disposed of by
the said railway company without
prejudice to its right, in such manner
as it may determine;
Provided, That if through any cause
an authorized inspector of the state
board of stock inspection commission
ers does not appear to inspect such ami
NAL or animals so killed or injured, II
shall be the duty of the section fore
man to remove the hide of said animal
and preserve the same until it is in
spected by such inspector.
Sec. g. After making such e1amina
tion it shall be the duty of the said
state live stock inspector to immediate
ly forward report to the secretary of
the state board of stock inspection
commissioners, showing all the facts in
regard to the killing or wouniing IF
said animal or animals, together with
full description and the estimated value
of the same, and it shall be the duty
of the foreman of the section to like
wise make similar report to the claim
agent of said railroad company of cor
poration, assignee or lessee thereof.
Sec. Z. Upon receipt of the informa
tion from any authorized stock inspec
tor of the killing or wounding of any
animal by any railroad company, its en-
gine, car or trains as provided herein, it
shall be the duty of the secretary of
the state board of stock inspection com
missionefs to notify the owner or own
ers Of said animal or animals SO killed
or injured, informing him or them of
the facts and the estimated value placed
upon said animal or animals by the
stock inspector, and he shall also send
copy of this report to the claim agent
or other authorized Official of the rail
way company responsible for said kill.
ing or injury. Should the said secreta.