State Codes and Statutes
Statutes > Indiana > Title8 > Ar4 > Ch31IC 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 railroad
in this state shall be responsible in damage to every person or
corporations whose property may be injured or destroyed by fire
communicated directly or indirectly by locomotive engines in use
upon the railroad owned or operated by such railroad corporations,
and each such railroad corporation shall have an insurable interest in
the property upon the route of the railroad owned or operated by it,
and may procure insurance thereon in its own behalf for its
protection against such damages; Provided, In all actions instituted
under this chapter, the burden of proving the defense of contributory
negligence shall be upon the defendant; Such defense may be
provided without special plea; Provided, That this chapter shall not
be construed to prevent or affect in any wise fire clauses which may
be inserted in contracts between railroad companies and other parties
relative to the construction of and operation over private sidetracks;
Provided further, That the liability imposed herein shall also include
reimbursement to volunteer fire departments for fighting fires caused
by 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 chapter
shall be deemed and taken to mean all corporations, companies, and
individuals which on or after April 21, 1911, own or operate any
railroad within this state.
(Formerly: Acts 1911, c.107, s.2.) As amended by P.L.62-1984,
SEC.84.
