Every railroad corporation or company, operating any railroad or branch thereof within the limits of this state, which negligently injures or kills any animal of the equine, bovine, ovine or porcine species, or the goat kind, by running any engine or engines, car or cars, over or against any such animal shall be liable to the owner of such animal for the damages sustained by such owner by reason thereof, unless it be shown on the trial of any action instituted for the recovery of such damages as provided in NRS 705.160 that the owner of such animal or animals immediately contributed to such killing or injury; provided:
1. That the mere straying of such animal or animals upon or along the railroad track or tracks concerned shall not be held upon such trial to be any evidence of contributory negligence on the part of the owner of such animal or animals, nor shall the grazing of the same unattended by a herder be so considered; and
2. That the killing or injury in such actions shall be prima facie evidence of negligence on the part of such railroad corporation or company.
[1:88:1923; NCL § 6345]
Structure Nevada Revised Statutes
Chapter 705 - Railroads and Monorails
NRS 705.005 - Effect of federal preemption.
NRS 705.030 - Contract reserving title or lien as security for full payment.
NRS 705.050 - Validity of contract for conditional sale.
NRS 705.120 - Duty of maintaining fences; liability for killing livestock.
NRS 705.140 - Penalty for allowing animal to stray on enclosed right-of-way.
NRS 705.160 - Settlement of claim within 90 days; action for recovery; assignment of claim.
NRS 705.180 - Employee to report killing or injuring of livestock.
NRS 705.210 - Employees’ hours of employment limited; penalties.
NRS 705.220 - Railroad police: Appointment; responsibility for actions; wearing of badge.
NRS 705.240 - Engineer required to be able to read timetables and ordinary handwriting; penalty.
NRS 705.250 - Intoxication and other violations of duties; penalties.
NRS 705.260 - "Common carrier" defined.
NRS 705.270 - Liability for injury to or death of employee.
NRS 705.300 - Question of causation for jury’s determination.
NRS 705.310 - Fact of injury or death presumptive evidence of want of care by employer.
NRS 705.330 - Survival of right of action.
NRS 705.340 - Limitation of actions.
NRS 705.360 - Headlights on locomotive; penalty.
NRS 705.415 - Requirements for certain railroads transporting freight; exception.
NRS 705.420 - Civil penalties.
NRS 705.421 - Department of Transportation to develop state plan for service by rail.
NRS 705.430 - Penalty for unlawful failure to ring bell or sound whistle at crossing; exceptions.
NRS 705.440 - Illegal rates and charges; penalty.
NRS 705.450 - Penalty for willful obstruction or delay of train.
NRS 705.460 - Penalty for unlawful obstruction or destruction of track, equipment or devices.
NRS 705.480 - Tampering with railroad property; penalty.
NRS 705.650 - "Monorail" defined.
NRS 705.660 - "Operator" defined.