8 



1 property, real or personal, which may be caused by fire, or 



2 result from any locomotive, engine, machinery, train, car, or 



3 other thing used upon said railroad, or in the operation thereof, 



4 or which may result from or be caused by any employee, agent 



5 or servant of such corporation, company or person upon or in 



6 the operation of such railroad, and the owner of any such prop- 



7 erty, real or personal, which may be destroyed or injured, may 



8 recover all such damage to said property by suit in any court, 



9 in the county where the damage occurred, having jurisdiction 



10 of the amount of such damage, and upon the trial of any such 



11 action or suit for such damage it shall not be lawful for the 



12 defendant in such suit or action -to plead or prove as a defence 



13 thereto, that the fire which caused such injury was not the 



14 result of negligence or carelessness upon the part of such 



15 defendant, or of its employee, agent or servant ; but in all such 



16 actions, it shall only be necessary for the owner of such prop- 



17 erty so injured to prove that the fire which caused or resulted 



18 in the injury originated or was caused b} r the operation of such 



19 railroad, or resulted from the act of an employee, agent or 



20 servant of such defendant, and if the plaintiff recover in such 



21 suit or action, he shall also recover costs, the same to be ascer- 



22 tained from the evidence in the case by the court or jury trying 



23 the same; provided, that the penalty prescribed by section 



24 thirty-six of this act shall apply only when such employee, 



25 agent or servant is in the discharge of his duty as such; and, 



26 provided further, that said action for damages be brought by 



27 the party injured within two years next ensuing after it 



28 accrues ; and, provided further, that the liability herein imposed 



29 shall inure solely in favor of the owner or mortgagor of the 



30 property so damaged or destroyed by fire; and the same shall 



31 not pass by assignment or subrogation to any insurance com- 



32 pany that has written a policy thereon ; and, provided further, 



33 that nothing in this act shall be held to apply to or in any 



34 manner effect any right which has accrued prior to the passage 



35 hereof or any suit now pending, or which may hereafter be 



36 brought to enforce a right heretofore accrued. 



37 SEC. 20. It shall he the dutv of every railroad cor- 



