Title 58, Public Utilities, Services and Carriers

Any railroad company, receiver or lessee thereof doing business within this State which shall fail to comply with the provisions of Section 58-17-3380 after ten days' notice thereof in writing shall be subject to a fine of five dollars per day for every day thereafter that such f…

In case of the sale of any railroad situated wholly or partly within this State, by virtue of any mortgage or deed of trust, whether under foreclosure or other judicial proceeding or pursuant to any power contained in such mortgage or deed of trust, the purchaser thereof or his s…

It shall be unlawful for any railroad section master or any person in charge of or connected with any hand car or lever car to remove it from any railroad track and continue it stationary within fifty yards of any public crossing other than at any regular railroad section house e…

All railway companies having railroad shops in this State at division points, where cars are regularly taken out of trains for repairs or construction work or where other railroad equipment is regularly made, repaired, or constructed, must furnish or construct a building or shed …

Every railroad corporation shall, at its own expense, construct, and afterwards maintain and keep in repair, all bridges, with their approaches or abutments, which it is authorized or required to construct over or under any turnpike road, canal, highway or other way and any city …

Every railroad company operating a railroad within this State shall keep the grade of its right of way at all stations level with the ties and four feet wide on the station side for a distance of one hundred and fifty feet on each side of such station or stopping place. But in th…

Every railroad corporation must cause immediate notice of each accident, in cases of an accident occurring on its road attended with injury to any person as the Public Service Commission may, by rules and regulations adopted by it, require, to be given to a physician most accessi…

The Office of Regulatory Staff shall investigate the cause of any accident on a railroad resulting in loss of life and of any accident not so resulting which, in its judgment, requires investigation.

Every railroad corporation must furnish immediate transportation for the Office of Regulatory Staff over its line to the place of accident occurring on its road and attended with any injury to any person of which it is required to give notice under the provisions of Section 58-17…

The capital stock to be named in the certificate aforesaid shall in no case be greater than the amount of the capital stock specified in the original charter of the railroad so sold and any amendment or amendments thereto. Nothing herein contained, however, shall be construed to …

The persons signing such certificate and their successors shall be a body corporate and politic, by the name specified in such certificate, with power to sue and be sued, contract and be contracted with and to own, possess, maintain and operate the railroad referred to in such ce…

Conductors of railroad trains and station or depot agents are hereby declared to be conservators of the peace and they shall have the common-law power of constables to make arrests, except that the conductors shall only have such power on board of their respective trains and the …

When any passenger shall be guilty of disorderly conduct, use any obscene or grossly profane language to the annoyance and vexation of passengers or play any game of cards or other game of chance for money or other valuable thing upon any railroad train, the conductor of such tra…

Every conductor, baggagemaster, engineer, brakeman or other servant of any railroad corporation employed on a passenger train, or at stations for passengers, shall wear on his hat or cap a badge which shall indicate his office and the initial letters of the style of the corporati…

Any corporation organized under the provisions of this article shall possess all the powers, rights, immunities, privileges and franchises in respect to such railroad, or the part thereof included in such certificate, and in respect to the real and personal property appertaining …

The term "common carrier" as used in this article shall include the receiver or receivers or other persons or corporations charged with the duty of the management and operation of the business of a common carrier.

Every common carrier by railroad while engaging in commerce within this State shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce or, in case of the death of such employee, to his personal representative for the benefit …

In all actions hereafter brought against any such common carrier by railroad under or by virtue of any of the provisions of this article to recover damages for personal injuries to any employee or when such injuries have resulted in his death, the fact that the employee may have …

In any action brought against any common carrier under or by virtue of any of the provisions of this article to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment when the violation b…

Any contract, rule, regulation or device whatsoever the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this article shall to that extent be void.

Any right of action given by this article to a person suffering injury shall survive to his personal representatives, for the benefit of (a) the surviving widow or husband and children of such employee, (b) if none, such employee's parents and (c) if none, then of the next of kin…

No action shall be maintained under this article unless commenced within two years from the day the cause of action accrued.

In any action brought against any such common carrier under or by virtue of any of the provisions of this article such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit or indemnity that may have been paid to the injured emplo…

Punitive damages shall not be recoverable in cases arising under this article except under circumstances under which exemplary damages are recoverable in cases arising under SECTION 58-17-3950.

Any such corporation may make bylaws, rules and regulations in relation to its business, the number of its directors and the times and places of holding meetings of the stockholders and directors and may alter and change such bylaws as may be deemed expedient; provided, that such…

Nothing in this article shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other law not inconsistent with the provisions of this article but the remedies and provisions herein shall be held to be in addition to, a…

Any such corporation may issue capital stock to such an aggregate amount as may be deemed necessary, not exceeding the amount named in its certificate of organization.

Railroad corporations shall be liable to landowners for all damages resulting from the wrongful obstruction of watercourses by such corporations and it shall not be necessary to allege and prove that such damages resulted from the negligent construction of the road or other works…

Every railroad corporation shall be responsible in damages to any person whose buildings or other property may be injured by fire communicated by its locomotive engines or originating within the limits of the right of way of such road in consequence of the act of any of its autho…

Any railroad in this State refusing to obey any order of the Public Service Commission made under this chapter must forfeit not less than the sum of five hundred dollars nor more than two thousand dollars, to be recovered by the suit of the Office of Regulatory Staff in a suit in…

If any railroad company doing business in this State, by its agents or employees, is guilty of a violation of the rules and regulations provided and prescribed by the commission and if, after due notice of a violation given by the Office of Regulatory Staff to the principal offic…

If any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commission, inflict wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county in which such wrong o…

All suits under Section 58-17-3950 shall be brought within twelve months of the commission of the alleged wrong or injury.

Each and every act, matter or thing in this chapter declared to be unlawful is hereby prohibited.

If any person commits or allows to be committed any act, matter, or thing in this chapter declared to be unlawful, omits to do any act, matter, or thing in this chapter required to be done, or is guilty of any violation of any of the provisions of this chapter, that person must, …

Any action brought as provided in Section 58-17-3980 to recover any penalty or damages shall be regarded as a subject of equity jurisdiction and discovery and affirmative relief may be sought and obtained therein. In any such action so brought as a case of equitable cognizance, p…

The provisions of the General Railroad Law shall apply to all property, to the receiving, delivery, loading, unloading, handling, storing or carriage of property on one actually or substantially continuous carriage, or as part of such continuous carriage and to the compensation t…

Any such corporation may make and issue bonds bearing such rate of interest, not exceeding seven per cent per annum, payable at such times and places and in such amount or amounts as it may deem expedient and may sell and dispose of such bonds at such prices and in such manner as…

No action provided for in Sections 58-17-3980 and 58-17-3990 shall be sustained unless brought within two years after the cause of action shall accrue.

In any action under Section 58-17-3980 and upon any application for any injunction under Section 58-17-3990 any director, officer, receiver or trustee of any railroad corporation or company or any receiver, trustee or person operating any railroad company or any agent of any such…

Any director or officer of any railroad corporation or company or any receiver, trustee, lessee or person acting or engaged as a railroad or any agent of any such corporation or company, receiver, trustee, lessee or person, or of one of them alone or with any other corporation, p…

When an engineman, fireman or other agent or officer of a railroad corporation is guilty of negligence or carelessness whereby an injury is done to any person he shall be punished by imprisonment not exceeding twelve months or by a fine not exceeding one thousand dollars.

Whoever, having management of, or control over, a railroad train while being used for the common carriage of persons, is guilty of gross carelessness or neglect in, or in relation to, the management or control thereof shall forfeit a sum not exceeding five thousand dollars or be …

Any engineer, conductor or other agent or employee of any railroad company in this State who shall wilfully neglect to observe or shall wilfully violate any rule or regulation of the company to which such engineer or conductor may belong, whereby any person shall sustain or be in…

If any person shall have contracted to deliver to any other person within this State certain commodities, no common carrier doing business in this State over whose road such commodities would be transported before delivery to the consignee shall interfere with the fulfillment of …

Any common carrier violating the provisions of Section 58-17-4060 shall be liable to such damages, including special and punitive damages, as may be found in an action maintained in the courts of this State. Any shipper or proposed consignee bringing suit for violation of the ter…