Title 58

NRS 705.040 Lease containing stipulation for conditional sale of equipment at termination of lease. In any contract for the leasing or hiring of railroad or street railway equipment or rolling stock, it shall be lawful to stipulate for a conditional sale thereof at the terminatio…

NRS 705.050 Validity of contract for conditional sale. No contract of the type provided for in NRS 705.030 to 705.070, inclusive, shall be valid as against any subsequent judgment creditor or any subsequent bona fide purchaser for value and without notice, unless: 1. The contract…

NRS 705.060 Contract recorded with Secretary of State; recording of declaration of full payment; fees. 1. The contracts authorized by NRS 705.030 to 705.070, inclusive, shall be filed with the Secretary of State and recorded by the Secretary of State in a book of records to be ke…

NRS 705.070 NRS 705.030 to 705.060, inclusive, not to invalidate contracts made before March 27, 1913. NRS 705.030 to 705.060, inclusive, shall not be held to invalidate or affect in any way any contract of the kind referred to in NRS 705.030 to 705.050, inclusive, made prior to …

NRS 705.080 Sale, transfer or lease of property and franchises to corporation: Consent of stockholders; operation by buyer or lessee. 1. Any railroad corporation owning a railroad in this state may sell, convey and transfer, or lease its property and franchises, or any part there…

NRS 705.090 Confinement of livestock in car for longer than 28 hours in intrastate shipment prohibited; extension of time. 1. No railway corporation engaged in the transportation of horses, sheep, cattle, swine or other animals between points situated within this state shall conf…

NRS 705.100 Animals to be fed and watered when unloaded; duties of custodian or company; lien of company. Animals so unloaded shall be properly fed and watered during such rest by the owner or person having the custody thereof or, in case of such owner’s or person’s default in so…

NRS 705.110 Penalty. Any company, owner or custodian of such animals who knowingly and willingly fails to comply with the provisions of NRS 705.090 and 705.100 shall be guilty of a misdemeanor. [3:94:1903; RL § 3587; NCL § 6317]—(NRS A 1967, 657) FENCES AND GUARDS FOR LIVESTOCK

NRS 705.120 Duty of maintaining fences; liability for killing livestock. 1. Railroad corporations must make and maintain a good and sufficient fence on both sides of their track and right-of-way. In case they do not make and maintain such fence, if their engines or cars shall kil…

NRS 705.130 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 pa…

NRS 705.140 Penalty for allowing animal to stray on enclosed right-of-way. Every person who shall willfully and maliciously suffer any animal to go upon the enclosed right-of-way of any railway company, or leave open any gate or bars so that an animal might stray upon such right-…

NRS 705.150 Liability for negligent killing or injuring livestock; prima facie evidence of negligence. 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, bov…

NRS 705.160 Settlement of claim within 90 days; action for recovery; assignment of claim. 1. If any railway company or corporation, or owner or operator of a railroad in this state, fails, within 90 days after receipt of the same, to effect settlement of claims received for damag…

NRS 705.170 Fenced right-of-way to be equipped with passageways and gates; responsibility of railroad. 1. Every railroad corporation or company, in fencing its right-of-way, shall provide and maintain suitable passageways equipped with gates, except at watering holes, where openi…

NRS 705.180 Employee to report killing or injuring of livestock. Every conductor, engineer, section foreman, or other employee of any owner of a railroad in this state, who has personal knowledge of the injury or killing of any livestock of any description by the running of any e…

NRS 705.190 Owner or operator of railroad to provide notice upon injuring or killing livestock; notice to be posted at stations and forwarded to State Department of Agriculture; contents of notice. 1. Every owner or operator of a railroad in this state who injures or kills any li…

NRS 705.200 Penalties. 1. Any person falsely making an affidavit of ownership of any animal killed or injured under the terms of NRS 705.150 to 705.200, inclusive, is guilty of a gross misdemeanor. 2. Every person described in NRS 705.180 who fails or neglects to comply with the …

NRS 705.210 Employees’ hours of employment limited; penalties. 1. As used in this section: (a) “Employees” means persons actually engaged in or connected with the movement of any train. (b) “Railroad” includes all bridges and ferries used or operated in connection with any railro…

NRS 705.220 Railroad police: Appointment; responsibility for actions; wearing of badge. 1. The Governor may, upon the application of any railroad company, appoint and commission one or more persons, designated by the company, to serve as railroad police officers. The persons so a…

NRS 705.230 Unlawful compulsion or requirement of purchase of uniform or apparel as condition of continued employment; penalty. 1. It shall be unlawful for any railroad doing business in the State of Nevada, or any officer, agent or servant of such railroad, to require any conduc…

NRS 705.240 Engineer required to be able to read timetables and ordinary handwriting; penalty. 1. It shall be unlawful for any person, as an officer of a corporation or otherwise, knowingly to employ an engineer or engine driver to run a locomotive or train on any railway if such…

NRS 705.250 Intoxication and other violations of duties; penalties. 1. Any person employed upon any railway as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagger or signaler, or having charge of stations, starting, regulating or running trains …

NRS 705.260 “Common carrier” defined. As used in NRS 705.260 to 705.340, inclusive, “common carrier” shall include the receiver or receivers or other persons or corporations charged with the duty of management and operation of the business of a common carrier. [7:213:1937; 1931 N…

NRS 705.270 Liability for injury to or death of employee. Every common carrier by railroad in the State of Nevada shall be liable in damages to any person suffering injury while the person is employed by such carrier in or about the transporting or handling of any freight, proper…

NRS 705.280 Contributory negligence of employee not to bar recovery; diminution of damages by jury; violation by employer of safety statute. In all actions brought after March 30, 1937, against any such common carrier under or by virtue of any of the provisions of NRS 705.260 to …

NRS 705.290 Risk of employment not assumed where injury or death results from negligence of employer’s officers or employees or defect in equipment. In any action brought against any common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, …

NRS 705.300 Question of causation for jury’s determination. In any action brought against any such common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, to recover damages for injury to, or the death of, any of its employees, the questio…

NRS 705.310 Fact of injury or death presumptive evidence of want of care by employer. In all actions brought after March 30, 1937, against any such common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, to recover damages for personal inj…

NRS 705.320 Contract or regulation of employer exempting employer from liability void; setoff by employer in action. Any contract, rule, regulation or stratagem whatsoever the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability cre…

NRS 705.330 Survival of right of action. Any right of action given by NRS 705.260 to 705.340, inclusive, to an employee suffering injury shall survive to the employee’s personal representative, for the benefit of the surviving spouse and children of such employee, and, if none, t…

NRS 705.340 Limitation of actions. No action shall be maintained under NRS 705.260 to 705.330, inclusive, unless commenced within 2 years from the day the cause of action accrued. [9:213:1937; 1931 NCL § 6357.19] LIABILITY OF RAILROADS TO PASSENGERS IN CASES OF PERSONAL INJURY

NRS 705.350 Liability to passenger for personal injury; violation by passenger of printed regulations or verbal instructions. In case any passenger on any railroad shall be injured on the platform of a car, or any baggage, wood, gravel or freight car, in violation of the printed …

NRS 705.360 Headlights on locomotive; penalty. 1. Every company, corporation lessee, manager or receiver, owning or operating a railroad in this state, shall equip, maintain, use and display at night upon each locomotive being operated in road service in this state an electric or…

NRS 705.370 Emergency first-aid kits: Contents prescribed by Commission; reports when used or missing; penalties. 1. Each railroad company or corporation or its receiver, owning or operating any railroad within this state, shall equip and maintain in each of its passenger trains,…

NRS 705.380 Windshield made of safety glass, electric headlamps, wiper and other equipment required on motor car used for transporting employees; penalty. 1. It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of Neva…

NRS 705.415 Requirements for certain railroads transporting freight; exception. 1. Except as otherwise provided in subsection 2, any Class I freight railroad, Class I railroad or Class II railroad for transporting freight which operates a train or locomotive in this State, and an…

NRS 705.420 Civil penalties. Any railroad or officer of a railroad who violates the provisions of NRS 705.415 is liable to the Public Utilities Commission of Nevada for a civil penalty of: 1. Not less than $5,000 for the first violation; 2. Not more than $10,000 for the second vi…

NRS 705.421 Department of Transportation to develop state plan for service by rail. The Department of Transportation: 1. Shall develop, in conjunction with the Public Utilities Commission of Nevada, a state plan for rail service; and 2. May carry out the plan, including projects …

NRS 705.423 Power of Department of Transportation to accept money, enter into agreements and act as agent for county or city. 1. The Department of Transportation may: (a) Apply for and accept federal, state, local and private money to develop the state plan for rail service and t…

NRS 705.425 State program for preservation of lines of railroad on which service has been discontinued: Establishment; admission of lines to program; allowance for taxes on property admitted. 1. A state program for the physical preservation, in place, of property of lines of rail…

NRS 705.427 Contract for acquisition and operation of track and other property of lines of railroad. The Department of Transportation may contract for the acquisition, by lease or purchase, and operation of trackage and other rail properties of lines of railroad which: 1. The Sur…

NRS 705.428 Contract for construction, improvement or rehabilitation of track and other property of lines of railroad. The Department of Transportation may contract for the construction, improvement or rehabilitation of the trackage and other rail properties of any rail line, but…

NRS 705.429 Regulations. The Department of Transportation shall adopt such regulations as are necessary to carry out the provisions of NRS 705.421 to 705.429, inclusive. (Added to NRS by 1979, 563) SUPER SPEED GROUND TRANSPORTATION SYSTEM

NRS 705.4291 Legislative declaration. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all bo…

NRS 705.4292 Definitions. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made…

NRS 705.4293 California-Nevada Super Speed Ground Transportation Commission: Creation; membership; terms and reappointment of members; Chair. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportat…