69-14-710. Tender or deposit of value of animal. If a corporation, association, company, or person so owning, controlling, or operating a railroad or branch thereof kills or injures an animal as aforesaid and tenders to the owner thereof or to his agent in that behalf the amount which they consider to be the value thereof or the damage thereto, as the case may be or if the railroad, corporation, association, company, or person deposits with the department of livestock such amount for the owner thereof and the owner or his agent refuses to accept the amount in settlement thereof, then the owner shall pay all costs incurred in any action instituted, after the tender or deposit, to recover the value or damage unless he recovers in the action more than the amount so tendered.

     History: En. Sec. 723, 5th Div. Comp. Stat. 1887; re-en. Sec. 956, Civ. C. 1895; re-en. Sec. 4314, Rev. C. 1907; re-en. Sec. 6545, R.C.M. 1921; re-en. Sec. 6545, R.C.M. 1935; amd. Sec. 15, Ch. 315, L. 1974; R.C.M. 1947, 72-406.