If cattle are killed or injured by the locomotive or cars of any railroad company on a track adjoining the lands belonging to or occupied by the owner of the cattle, and the owner has not received compensation for fencing his land along the railroad right-of-way, the loss shall be divided between the railroad company and the owner of the cattle, unless the cattle were killed or injured by the negligence of the agents or servants of the railroad company, in which case the company shall pay full damages.
KRS 277.330
Liability of railroads for killing or injuring cattle -- How damages divided
Applied in 2 court decisions — leading case Louisville & Nashville Railroad Co. v. Faulkner (1957)
Most recently applied in Chicago and North Western Railway Co. v. Bishop (April 1964)
Effective: June 16, 1966 History: Amended 1966 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.