Actions for damages - Pleading and proof of title to realty unnecessary – Railroads’ liability for damages by fire.

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In any action instituted in any court to recover damages under the provisions of the Oklahoma Forestry Code, it shall not be necessary for any person, injured by any fire to allege in pleadings or prove on trial title to the real property over which the fire has spread, but it shall be sufficient in any action to allege and prove that the person injured was in the occupancy or possession of any ranch, buildings, improvements, hay, grass, crops, fencing, timber, marsh, or other property, claiming the right to and occupying with cattle any cattle range; it being the purpose and intention of this code to protect the possession of any person whether the person has title to the land claimed or occupied or not. Any railroad company operating any line in this state shall be liable for all damages sustained by fire originating from operating its road.

R.L.1910, § 114. Amended by Laws 2001, c. 113, § 2, emerg. eff. April 18, 2001. Renumbered from § 748 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.


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