TITLE XXXIV
PUBLIC UTILITIES

Chapter 380
RAILROADS; FIRE DAMAGE AND PREVENTION

Liability of Railroads for Fire Damage

Section 380:1

    380:1 Railroad's Liability. – Every railroad shall be liable for all damages to any person or property by fire or steam from any locomotive or other engine upon their road.

Source. RS 142:8. CS 150:59. GS 148:8. GL 162:8. PS 159:29. PL 250:1. RL 300:1. 1951, 203:59 par. 1, eff. Sept. 1, 1951.

Section 380:2

    380:2 Insurable Interest. – Such railroads shall have an insurable interest in all property situate upon the line of their road which is exposed to such damage, and they may effect insurance thereon for their own benefit.

Source. RS 142:9. CS 150:60. 1861, 2489:1. GS 148:9. GL 162:9. PS 159:30. PL 250:2. RL 300:2. 1951, 203:59 par. 2, eff. Sept. 1, 1951.

Section 380:3

    380:3 Owner's Insurance. – Such railroads shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and of expense of recovery. The insurance shall be deducted from the damages if recovered before the damages are assessed, or, if not, the policy shall be assigned to the railroads who may maintain an action thereon.

Source. 1861, 2489:1. GS 148:10. GL 162:10. PS 159:31. PL 250:3. RL 300:3. 1951, 203:59 par. 3, eff. Sept. 1, 1951.

Prevention, Etc., of Fires

Section 380:4

    380:4 Fire Prevention Equipment. –
I. Every railroad operating steam locomotives in this state shall, subject to the approval of the department of transportation, equip each steam locomotive with a spark arrester in good condition and a suitable ashpan.
II. Every railroad operating locomotives powered by diesel or other types of internal combustion engine shall equip and maintain each engine with exhaust manifolds or spark arresters as required by the department of transportation.
III. Every railroad with equipment required by RSA 380:4, I or II shall:
(a) Keep the fire prevention equipment in good condition and prevent the escape of live coals, sparks or carbon deposits which may cause fires on the right of way; and
(b) Define procedures, subject to the approval of the department of transportation, for
(1) giving fire signals to its employees; and
(2) notifying its employees of the existence and location of fires along the right of way.

Source. 1913, 155:1. PL 250:4. RL 300:4. 1951, 203:59 par. 4. RSA 380:4. 1963, 121:1. 1981, 435:43. 1985, 402:6, I(e)(8).

Section 380:5

    380:5 Deputy Fire Wardens. – The state forester may appoint as deputy forest fire wardens the section foremen or such other railroad employees as the authorized officials of the railroad may recommend. Such deputies, when so appointed, shall be vested with the powers and duties of deputy forest fire wardens, except as such powers and duties are limited or extended hereby.

Source. 1913, 155:2. PL 250:5. RL 300:5. 1951, 203:59 par. 5, eff. Sept. 1, 1951.

Section 380:6

    380:6 Duties. – Railroad deputies thus appointed shall extinguish and supervise the fighting of forest and brush fires originating along the railroad right of way, but shall not be required to supervise the fighting of fires which do not so originate, except that a railroad deputy who receives notice of the existence of a fire adjacent to the right of way shall proceed forthwith to extinguish it.

Source. 1913, 155:2. PL 250:6. RL 300:6. 1951, 203:59 par. 6, eff. Sept. 1, 1951.

Section 380:7

    380:7 Cooperation With. – The department of natural and cultural resources shall instruct all wardens and other employees of the department to cooperate with the railroad deputies in the prevention and extinguishment of railroad fires, immediately to notify the nearest station agent or railroad deputy upon the discovery of a fire along the right of way, and to combat such fire until the railroad deputy or other railroad official shall assume charge.

Source. 1913, 155:2. PL 250:7. RL 300:7. 1951, 203:59 par. 7, eff. Sept. 1, 1951. 2017, 156:14, I, eff. July 1, 2017.

Section 380:8

    380:8 Expenses. – All just and proper expenses incurred in extinguishing forest or brush fires caused by a railroad shall be paid by such railroad; but the fact that such payment has been made shall not be admissible as evidence that such fire was so caused.

Source. 1913, 155:2. PL 250:8. RL 300:8. 1951, 203:59 par. 8, eff. Sept. 1, 1951.

Section 380:9

    380:9 Instruction to Employees. – Railroads shall promulgate among their employees instructions for the prevention and extinguishment of fires along the right of way.

Source. 1913, 155:3. PL 250:9. RL 300:9. 1951, 203:59 par. 9, eff. Sept. 1, 1951.

Section 380:10

    380:10 Patrol. – They shall, through the railroad deputies or other officials, organize and maintain a system of patrol during dry weather along the sections of the right of way where there is danger of fire.

Source. 1913, 155:3. PL 250:10. RL 300:10. 1951, 203:59 par. 10, eff. Sept. 1, 1951.

Section 380:11

    380:11 Neglect. – The fact that a section of the right of way was not patrolled shall not be evidence of negligence to debar such railroad from insurance on property as provided in RSA 380:3.

Source. 1913, 155:3. PL 250:11. RL 300:11. 1951, 203:59 par. 11, eff. Sept. 1, 1951.

Entry on Land

Section 380:12

    380:12 To Clear Brush, Etc. – Railroads shall have the right, subject to the provisions hereof, to enter upon forest or brush land adjacent to the right of way without liability for trespass for the purpose of clearing brush, grass and inflammable material from such land for a distance of 25 feet from the railroad right of way but shall not remove valuable timber growth without recompense to the owner.

Source. 1913, 155:4. PL 250:12. RL 300:12. 1951, 203:59 par. 12, eff. Sept. 1, 1951.

Section 380:13

    380:13 Notice. – Prior to making such a clearing, the railroad shall give the owner thereof notice of its intention by letter mailed to his last known address, and thereafter by publishing said notice at least once in 2 newspapers of general circulation in the county. Said notice shall quote RSA 380:12-17.

Source. 1913, 155:4. PL 250:13. RL 300:13. 1951, 203:59 par. 13, eff. Sept. 1, 1951.

Section 380:14

    380:14 Failure to Object. – If the owner shall not file an objection to such clearing with the department of transportation within 15 days from the date of such publication, he shall be deemed to have given consent.

Source. 1913, 155:4. PL 250:14. RL 300:14. 1951, 203:59 par. 14. RSA 380:14. 1985, 402:6, I(e)(8).

Section 380:15

    380:15 Objection. – Upon the filing of such an objection, the department of transportation shall notify the owner of the time and place when he may appear to show cause why such clearing should not be done.

Source. 1913, 155:4. PL 250:15. RL 300:15. 1951, 203:59 par. 15. RSA 380:15. 1985, 402:6, I(e)(8).

Section 380:16

    380:16 Hearing; Order. – After a hearing, the department of transportation may sustain the objection or permit the clearing to be done, and may prescribe the extent and methods of such clearing.

Source. 1913, 155:4. PL 250:16. RL 300:16. 1951, 203:59 par. 16. RSA 380:16. 1985, 402:6, I(e)(8).

Section 380:17

    380:17 Assistance. – The department of transportation may require the assistance of the department of natural and cultural resources and the director of the division of forests and lands in furnishing information pertinent to carrying out RSA 380:16.

Source. 1913, 155:4. PL 250:17. RL 300:17. 1951, 203:59 par. 17. RSA 380:17. 1985, 402:6, I(e)(8). 2017, 156:14, I, eff. July 1, 2017.

Section 380:18

    380:18 Reports. – The department of natural and cultural resources or its authorized agents shall have the right to enter upon railroad or other property to ascertain facts, and from time to time shall report the same to the department of transportation.

Source. 1913, 155:5. PL 250:18. RL 300:18. 1951, 203:59 par. 18. RSA 380:18. 1985, 402:6, I(e)(8). 2017, 156:14, I, eff. July 1, 2017.