Any railroad corporation failing to comply with the provision [provisions] of the preceding section [63-3-25 NMSA 1978] shall be liable to pay a penalty of two hundred dollars [($200)] for each and every mile, or fractional part thereof, of such strip as it neglects to plow, as aforesaid, in each and every year as aforesaid, or neglects to burn and remove the dry grass and vegetation from, as provided above, the same to be collected by an action of debt in any court of competent jurisdiction, by the attorney general, or district attorney of the district, in the name of the state, provided, such action shall be brought within two years after the cause of action accrues.
History: Laws 1884, ch. 34, § 2; C.L. 1884, § 2724; C.L. 1897, § 3905; Code 1915, § 4745; C.S. 1929, § 116-714; 1941 Comp., § 74-327; 1953 Comp., § 69-3-29.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 C.J.S. Railroads § 437.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 3 - Operation and Regulations Generally
Section 63-3-1 - [Schedules; accommodations; persons who may be refused transportation.]
Section 63-3-2 - [Damages in case of refusal of transportation.]
Section 63-3-3 to 63-3-5 - Repealed.
Section 63-3-6 - [Injury to passenger; contributory negligence; insufficient room.]
Section 63-3-7 - [Baggage checks; refusal to furnish; nondelivery of baggage; damages.]
Section 63-3-8 - [Unclaimed baggage; sale after three months' period; proceeds of sale.]
Section 63-3-9 to 63-3-22 - Repealed.
Section 63-3-25 - [Fireguards; plowing; burning of vegetation; notice.]
Section 63-3-26 - [Failure to maintain fireguard; penalty; enforcement.]
Section 63-3-27 - [Fireguard made under direction of county commissioners; expenses.]
Section 63-3-28 - [Actions for damages by fire; limitation.]
Section 63-3-29 to 63-3-32 - Repealed.
Section 63-3-33 - [Failure of district attorney to act; prosecution by attorney general.]
Section 63-3-34 - Bell to be rung at highway crossings.
Section 63-3-35 - [Highway crossings; definitions.]
Section 63-3-36 - Construction and maintenance of highway crossings.
Section 63-3-37 - Separation of grade crossing; determination; cost.
Section 63-3-38 - Maintenance of grade crossing.
Section 63-3-39 - [Industrial railroads; hauling for others; not considered common carrier.]