IC 8-4-32
    Chapter 32. Railroad's Liability for Livestock

IC 8-4-32-1
Scope of liability; evidence as to name of railroad
    Sec. 1. Any railroad corporation, lessee, assignee, receiver, andother person or corporation, running, controlling, or operating anyrailroad into or through this state, shall be liable, jointly or severally,for stock killed or injured by the locomotives, cars, or other carriagesrun on such road, in the name in which the road was run or operatedat the time, to the extent and according to the provisions of thischapter; and the bills of lading usually issued at any railroad stationin the county in which such stock was killed or injured shall be primafacie evidence as to the character or name in which said railroad wasowned, held, controlled, or operated.
(Formerly: Acts 1863, c.25, s.1; Acts 1877(ss), c.30, s.1.) Asamended by P.L.62-1984, SEC.85.

IC 8-4-32-2
Complaints; venue
    Sec. 2. If an animal is killed or injured by the locomotives, cars,or other carriages used on any railroad in or running into or throughIndiana, whether the railroad is run and controlled by the company,a lessee, an assignee, a receiver, or other person, an owner of theanimal may file a complaint and prosecute a claim in the circuit courtof the county in which the animal was injured or killed.
(Formerly: Acts 1863, c.25, s.2.) As amended by P.L.1-1990,SEC.119.

IC 8-4-32-3
Summons; service
    Sec. 3. When the complaint is filed in the circuit court undersection 2 of this chapter, the clerk of the court shall issue a summonsin the case as in other cases. The summons may be served by copy onany conductor on any train on the road passing into or through thecounty.
(Formerly: Acts 1863, c.25, s.3.) As amended by P.L.1-1990,SEC.120.

IC 8-4-32-4
Parties
    Sec. 4. The action may, in all cases contemplated by this chapter,be brought against the railroad as defendants, whether the same is orwas being run by the company, or by a lessee, assignee, receiver, orother person in the name of such company.
(Formerly: Acts 1863, c.25, s.4.) As amended by P.L.62-1984,SEC.86.

IC 8-4-32-5
Judgment upon hearing; order to appear; answer; deposit in court

pending final judgment
    Sec. 5. (a) After the hearing of the cause under this chapter, thecourt or jury trying the cause shall give judgment for the plaintiff orplaintiffs for the value of the animal or animals killed or the injurydone, without regard to the question whether the killing or injury wasthe result of willful misconduct, negligence, or unavoidable accident.
    (b) If the cause is commenced in the county specified undersection 2 of this chapter, the court shall, on motion of the plaintiff orplaintiffs, on the rendition of the judgment, or afterward, at any time,after notice is served on the railroad company defendant, order a writto issue, directed to the sheriff of the proper county, for any agent,conductor, or employee of the railroad company or the lessee, areceiver, or an assignee of the company, named in the motion, toappear and answer upon oath as to:
        (1) the amount of money in their hands, if any, belonging to thecompany or the assignee, lessee, or receiver; and
        (2) the probable amount of money receivable by the agent,conductor, or employee belonging to the railroad company,lessee, assignee, or receivers.
    (c) If an agent, a conductor, or an employee ordered to appearunder subsection (b) answers that the agent, conductor, or employeehas any money, or is in constant receipt of money as agent,conductor, or employee, the court shall order the agent, conductor,or employee to pay into the clerk's office of the court, at the timesnamed by the court, the portions of the money held or received, notexceeding one-half (1/2) the amount held or received, as may bedetermined just by the court, until the judgment and costs are fullypaid and satisfied.
(Formerly: Acts 1863, c.25, s.5.) As amended by P.L.1-1990,SEC.121.

IC 8-4-32-6
Repealed
    (Repealed by P.L.1-1990, SEC.122.)

IC 8-4-32-7
Applicability to fenced property
    Sec. 7. This chapter shall not apply to any railroad securely fencedin, and such fence properly maintained by such company, lessee,assignee, receiver, or other person running the same.
(Formerly: Acts 1863, c.25, s.7.) As amended by P.L.62-1984,SEC.88.

IC 8-4-32-8
Repealed
    (Repealed by Acts 1978, P.L.2, SEC.867.)