81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 23 of 126
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S.B. No. 1540
1 con tru ted and kept in repair to protect the fields and enclosures
2 from thi depredations of sto k of any kind.
3 (t) If a railroad company fails to construct and keep in
4 repair cattle guard or stop required by this section, the owner of
5 the Ie cosure or field may:
6 (1) have the required cattle guards - or stops
7 constructed at the proper places and kept in repair ; and
8 (2) recover from the company the costs of constructing
9 or repairing the required cattle guards or stops, unless it is shown
10 that the enlargement or extension was made capriciously and with
11 intent to harass and molest the company.
12 (e) A railroad company that neglects to construct or keep in
13 repair a proper cattle guard or stop as required by this section is
14 liable to a party injured by the neglect for all damages that may
15 result from the neglect. The injured party may seek to recover the
16 damages by filing suit. (V.A.C.S. Art. 6400.)
17 Se;. 112.102. LIABILITY FOR DEATH OR INJURY TO STOCK.
18 (a) Subject to Subsection (b), a railroad company is liable to the
19 owner for the value of all stock killed or injured by the company's
20 locomotives and cars operating over the company's railways,
21 rega less of whether the county or subdivision of a county in which
22 the eath or injury occurs has, under Subchapter B or D, Chapter
23 143,fAgriculture Code, prohibited certain animals from running at
25 (b) A railroad company that fences its railway is liable
26 ;on for injury to stock that results from a want of ordinary care.
27 (VA C.S. Art. 6402.)
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/23/: accessed May 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.