CHAPTER 31. RAILROAD'S LIABILITY FOR FIRE DAMAGE

IC 8-4-31
    Chapter 31. Railroad's Liability for Fire Damage

IC 8-4-31-1
Insurance; actions against railroads
    Sec. 1. Each railroad corporation owning or operating a railroadin this state shall be responsible in damage to every person orcorporations whose property may be injured or destroyed by firecommunicated directly or indirectly by locomotive engines in useupon the railroad owned or operated by such railroad corporations,and each such railroad corporation shall have an insurable interest inthe property upon the route of the railroad owned or operated by it,and may procure insurance thereon in its own behalf for itsprotection against such damages; Provided, In all actions institutedunder this chapter, the burden of proving the defense of contributorynegligence shall be upon the defendant; Such defense may beprovided without special plea; Provided, That this chapter shall notbe construed to prevent or affect in any wise fire clauses which maybe inserted in contracts between railroad companies and other partiesrelative to the construction of and operation over private sidetracks;Provided further, That the liability imposed herein shall also includereimbursement to volunteer fire departments for fighting fires causedby any railroad corporation.
(Formerly: Acts 1911, c.107, s.1; Acts 1972, P.L.62, SEC.1.)

IC 8-4-31-2
"Railroad corporations" defined
    Sec. 2. The term "railroad corporations" contained in this chaptershall be deemed and taken to mean all corporations, companies, andindividuals which on or after April 21, 1911, own or operate anyrailroad within this state.
(Formerly: Acts 1911, c.107, s.2.) As amended by P.L.62-1984,SEC.84.