3-1704. Liability of railroad for negligent
injury of certain animals; injury or death as prima facie evidence
of negligence; liability of owner for intentional damage


A. A railroad which negligently injures or kills a horse, jack, jenny, mule, cow or
other domestic animal, by running a locomotive or cars against the animal is liable to
the owner of the animal for the damages sustained by the owner by reason thereof. The
killing or injury of the animal is prima facie evidence of negligence on the part of the
railroad.


B. If the owner or person in charge of the animals listed in subsection A drives
them upon the railroad track or tracks with intent to thereby injure the animal or
animals, the owner is liable for all damage occasioned thereby.