Section 37-2-83

Section 37-2-83Liability of railroad for failure to comply with Sections 37-2-80 through 37-2-82; burden of proof.

A railroad company is liable for all damages done to persons, or to stock or other property, resulting from a failure to comply with the requirements of Sections 37-2-80 through 37-2-82, or any negligence on the part of such company or its agents; and when any person or stock is killed or injured, or other property destroyed or damaged by the locomotive or cars of any railroad, the burden of proof, in any action brought therefor, is on the railroad company to show a compliance with the requirements of such sections, and that there was no negligence on the part of the company or its agents.

(Code 1867, §1401; Code 1876, §1722; Code 1886, §1147; Code 1896, §3443; Code 1907, §5476; Code 1923, §9955; Code 1940, T. 48, §173.)