Title 46, Chapter 8, Section 254
( 46-8-254)
(a) In all cases where the business of any corporation operating a
railroad in this state is, by order or decree of any court, placed
into the hands of a receiver for the benefit of the creditors or
stockholders of the corporation, it shall be the duty of the
receiver to apply the income of the railroad to the payment of the
incidental expenses necessary to the carrying on of the business of
the railroad. Such expenses shall include wages of employees; the
cost of wood, crossties, and other material furnished which may be
necessary for conducting the business and keeping the property in
repair; the damages which may arise from the loss of or injury to
goods, wares, and merchandise received by the road for
transportation and for which the road is liable as a common carrier
by the laws of this state; and the damages which may arise from
injuries to persons and property caused by the running of the trains
on the road. A lien is created on the gross income of the road while
in the hands of the receiver in favor of such creditors or
claimants, superior to all other liens under the laws of this state. (b) If the receiver is removed or if a vacancy occurs in the office
and a successor is appointed, it shall be his duty to pay the liens
provided for in this Code section according to their date out of any
funds in his hands as such receiver, whether the liability accrued
before or after his appointment. |