Should any owner of any animal so killed or wounded by any railroad company decline to accept the estimated value of such animal or the estimated amount of such damage as fixed by the stock inspector or to submit the same to the arbitration of the said board, within six months he shall file sworn proof and affidavit of his claim with the station agent of such railroad company or corporation, and the railway company or corporation or the assignee or lessee thereof shall pay to such person delivering such demand the actual value of said animal if killed or the actual amount of damage if injured. If such claim for damages and such proof of ownership is not presented to the station agent of said railway company or corporation within six months of the date of such killing or injuring, it shall thereafter be forever barred.
Source: L. 11: p. 406, § 10. C.L. § 2872. CSA: C. 139, § 58. CRS 53: § 116-8-11. C.R.S. 1963: § 116-8-11.
ANNOTATION
Owner required to file demand with station agent. The owner is required to file his demand with the station agent as required by this section, only in the event he declines, after being notified, to accept the estimated value or to arbitrate. Chicago, R. I. & Pac. Ry. v. Eyster, 69 Colo. 168, 169 P. 1181 (1918); Denver & R. G. R. R. v. Wright, 64 Colo. 310, 171 P. 499 (1918); Adams v. Chicago, B. & Q. R. R., 67 Colo. 2, 185 P. 271 (1919).
Owner not required to file until company complies with certain provisions. Under this section the owner of an animal killed upon the tracks of a railway is not required to file a claim with the station agent, until nor unless the railway company has complied with the provisions of §§ 40-27-106 to 40-27-110, which are conditions precedent, imposed upon the railway company. Denver & R. G. R. R. v. Wright, 64 Colo. 310, 171 P. 499 (1918).
Where plaintiff was given no opportunity to decline, he is not required to file sworn proof and affidavit with the station agent. Denver & R. G. R. R. v. Wright, 64 Colo. 310, 171 P. 499 (1918).