40-9-106. Transportation of livestock - not less than ten miles per hour.

Statute text

Every common carrier in this state must transport livestock from the initial point of shipment in this state to the point of destination in this state at an average rate of speed of not less than ten miles an hour and within such time, from the hour of loading at the initial point to the hour of arrival at the destination, that the point of destination shall be reached in not more than one-tenth as many hours as there were miles required to be traveled in the transportation of such shipment; except only that necessary stops of reasonable duration for feeding purposes, when required by the length of the journey, or necessary and imperative delays caused only by an act of God or inevitable accident shall not be computed in determining such minimum requirements as to speed.

History

Source: L. 21: p. 163, 1. C.L. 2997. CSA: C. 29, 20. CRS 53: 115-12-6. C.R.S. 1963: 115-12-6.

Annotations

 

ANNOTATION

Annotations

Application of section. This section may be applicable to one or more railroads but may be inapplicable and unconstitutional as to another, which because of the location of its road and difficulties attending its operation, cannot with due regard to the safety of its employees and duty to the public, comply with its provisions. Freeman v. Boyer Bros., 82 Colo. 509, 261 P. 864 (1927).

Imposition of time limit is in exercise of police power. While the imposition of a time limit for the transportation of livestock by carriers is well within the police power of the state, an unreasonable exercise of that power, culminating in a statute, may not be enforced, although the general subject matter of the legislation comes within the scope of the power. Freeman v. Boyer Bros., 82 Colo. 509, 261 P. 864 (1927).