Duty of constructing barriers or guards where public road crosses fenced-in right-of-way; liability for killing or injuring livestock.
1. Every person, lessee, receiver, firm, copartnership or corporation owning, leasing or operating any railroad in, or through any part of, the State of Nevada shall, wherever a public road or highway crosses the fenced-in right-of-way of such railroad, construct such barriers, guards or other devices as will effectually prevent the entrance from such public road or highway onto the right-of-way of cattle, horses, mules and burros. Such barriers, guards, or other devices shall not be placed across, or in any wise obstruct, such public road or highway.
2. If any person, lessee, receiver, firm, copartnership or corporation owning, leasing or operating any railroad in, or through any part of, the State of Nevada shall fail to construct such barriers, guards or other devices specified in subsection 1, and any cattle, horses, mules or burros shall be killed, maimed or injured on any part of such unprotected right-of-way, the person, lessee, receiver, firm, copartnership or corporation so offending shall pay to the owner, or agent of the owner, of any such cattle, horses, mules or burros the full market value of such animals as it was before such injury occurred.
Last modified: February 26, 2006