69-14-708. Records of accidents involving animals. (1) It shall be the duty of any corporation, association, company, or person owning, controlling, or operating any railroad or branch thereof in this state to designate some station on the line of the same, in each county through which it passes, at which it shall keep a suitable book and within 30 days after the killing or injuring of any animal, to cause to be entered therein the date when and the place where the same was killed or injured, as near as may be, together with a description thereof, including the age, color, and sex of the same and marks and brands upon the same as near as the same can be done. When such railroad or branch thereof shall run to or through any town or station at which is located the county seat of any county, then such book shall be kept at such town or station at which said county seat is located, and the written demand provided for in 69-14-709 may be served on the agent of such station.
     (2) This book shall be kept for the inspection of any person claiming to be interested in the inspection thereof.
     (3) Notice of the station designated pursuant to subsection (1) shall be filed with the county clerk of the county in which said station is situated.
     (4) Any corporation, association, or person so owning, controlling, or operating such railroad or branch thereof failing to designate said station, file said notice, keep said book, and make the entries as provided in this section shall be liable to the owner of the animal so killed or injured, whether negligently done or not, and the court or jury before whom any action is tried for the recovery of damages on account thereof may in its discretion render verdict and judgment for the amount of the value of any such animal so killed or the amount of damages sustained by reason of any injury thereto.

     History: (1) thru (3)En. Sec. 3, p. 70, L. 1881; amd. Sec. 720, 5th Div. Comp. Stat. 1887; amd. Sec. 953, Civ. C. 1895; amd. Sec. 2, Ch. 29, L. 1905; re-en. Sec. 4311, Rev. C. 1907; re-en. Sec. 6542, R.C.M. 1921; re-en. Sec. 6542, R.C.M. 1935; Sec. 72-403, R.C.M. 1947; (4)En. Sec. 721, 5th Div. Comp. Stat. 1887; re-en. Sec. 954, Civ. C. 1895; re-en. Sec. 4312, Rev. C. 1907; re-en. Sec. 6543, R.C.M. 1921; re-en. Sec. 6543, R.C.M. 1935; Sec. 72-404, R.C.M. 1947; R.C.M. 1947, 72-403, 72-404; amd. Sec. 72, Ch. 83, L. 1989.