A. A railroad which negligently injures or kills a horse, jack, jenny, mule, cow or other domestic animal, by running a locomotive or cars against the animal is liable to the owner of the animal for the damages sustained by the owner by reason thereof. The killing or injury of the animal is prima facie evidence of negligence on the part of the railroad.

Terms Used In Arizona Laws 3-1704

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
  • railroad: as used in this article includes any person, firm or corporation operating a railroad. See Arizona Laws 3-1701

B. If the owner or person in charge of the animals listed in subsection A drives them upon the railroad track or tracks with intent to thereby injure the animal or animals, the owner is liable for all damage occasioned thereby.

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