40-27-112. Time for payment and suit.

Statute text

In case such railway company or corporation or the assignee or lessee thereof fails for thirty days after demand made therefor by the owner of any animal or his agent or attorney to pay such owner or his agent or attorney the value of said animal as claimed, then such owner, within six months from date of filing claim, may sue and recover the same from such railroad company or corporation or the assignee or lessee thereof in any court of competent jurisdiction in the county in which said animal was killed or injured, together with the legal interest thereon from the date such animal was killed or injured. Any person having a claim arising under the provisions of sections 40-27-102 to 40-27-113 may assign same in writing to any other claimant or person for value or for the purpose of suit, who shall thereupon have all the rights and remedies of the assignor; but, in case it becomes necessary on the part of any owner to establish claim for any animal so killed or injured in a court of competent jurisdiction, he shall have the right to establish the actual and market value of such animal or the actual damage so sustained.

History

Source: L. 11: p. 406, 11. C.L. 2873. CSA: C. 139, 59. CRS 53: 116-8-12. C.R.S. 1963: 116-8-12.

Annotations

 

ANNOTATION

Annotations

This section is not effective until the steps prescribed in 40-27-109 for adjusting the loss have been taken. Adams v. Chicago, B. & Q. R. R., 67 Colo. 2, 185 P. 271 (1919).

The six months' statute of limitations is unavailing to defendant railroad where it does not comply with the law relating to the killing of stock, 40-27-111 and 40-27-112 in operation and making them effective as to plaintiff. And where there is no pleading, proof, or claim that the company complied with such conditions, a plaintiff's voluntary act in filing a claim with the station agent before bringing suit is unnecessary, merely gratuitous and fixes no limitation upon his right to sue and recover the full value under 40-27-102 to 40-27-105. Denver & R. G. R. R. v. Wright, 64 Colo. 310, 171 P. 499 (1918).

This section fixes the time within which and the county in which suit shall be brought in case the railroad company fails to pay for cattle killed by it on demand by the owner as provided. Adams v. Chicago, B. & R. G. R. R., 67 Colo. 2, 185 P. 271 (1919).