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37-2-116
Section 37-2-116 Action for damages not barred. Nothing in this division shall be so construed
as to prevent any person from recovering damages against the railroad company or companies
for failure on the part of their employees to comply with the provisions of this division.
(Code 1907, §5496; Code 1923, §9977; Code 1940, T. 48, §199.)...
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37-2-90
Section 37-2-90 Locomotive headlights. All companies, corporations, lessees, owners, operators,
or receivers of any railroad or railway company operating a railroad or railway in whole or
in part in this state shall equip, maintain and use upon every locomotive being operated in
road service in this state in the nighttime a power headlight of not less than 1,500 candle
power brilliancy, measured with the aid of a suitable reflector. Nothing in this division
shall be so construed as to prevent a locomotive engine, whose headlight has become defective
while on the road, from proceeding to the most convenient terminal or division point where
the necessary facilities exist for remedying such defect. This section shall not apply to
industrial roads, such as tram roads, mill roads, and roads engaged principally in lumber
or logging transportation in connection with mills, and the provisions of this section shall
not apply during the first 90 days of a strike of the particular employees,...
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37-2-134
Section 37-2-134 Connection of tracks and interchange of traffic - Duty to provide equal and
reasonable facilities. All railroad companies subject to the provisions of this division shall
provide at all points of connection, crossing or intersection at grade, where it is practicable
and necessary for the interchange of traffic, ample facilities by track connections for transferring
any cars used in the regular business of their respective lines of road from their lines or
tracks to those of any other railroad company whose lines or tracks may connect with, cross
or intersect their own, and shall provide equal and reasonable facilities for the interchange
of cars and traffic between their respective lines and for the receiving, forwarding and delivering
of passengers, property and cars to and from their several lines or on freight coming over
such lines; but this shall not be construed as requiring any railroad company to furnish for
another railroad company its track equipment or...
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37-2-40
Section 37-2-40 Free transportation or reduced rates. Nothing in this chapter shall be construed
to prevent the carrying, storage or handling by any transportation company, subject to the
provisions of this title, of property free or at reduced rates for the United States, or for
the State of Alabama, or for any municipality, or for charitable purposes, or to or from fairs
and expositions, for exhibition thereat, or property shipped by or to its officers or employees
for their own exclusive use or consumption, or that of their immediate families; or prevent
such companies from issuing excursion, mileage or commutation tickets, provided such excursion,
mileage or commutation tickets shall be obtainable by all persons applying therefor under
like circumstances and conditions. Nor shall anything in this title be construed to prevent
such transportation companies from giving free transportation or reduced rates therefor to
any person authorized by law to receive such free transportation or...
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41-9-68
Section 41-9-68 Determination of amount of injury or damage and entry of award for payment
of damages generally. (a) When claims are properly prepared and presented to the Board of
Adjustment and, after ascertaining the facts in the case, it is directed to determine the
amount of the injury, death or disability or other injury or damage arising from contract
or business and to fix the damages, using as its guide, when applicable, the ordinary rules
of negligence and worker's compensation laid down by the courts and the moral obligation of
the State of Alabama, and to award and find the person entitled to payment and the amount,
if any, which should be paid and any other facts necessary for a proper adjustment of claims.
The ordinary rules of negligence as to liability are to be followed in claims by parties not
employees of the State of Alabama or any of its agencies, commissions, boards, institutions
or departments. The rules of Chapter 5 of Title 25 as to liability are to be followed...
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37-3-20
Section 37-3-20 Tariffs of common carriers. (a) Every common carrier by motor vehicle shall
file with the commission and keep open to the public inspection tariffs showing all the rates,
fares and charges for transportation and all services in connection therewith of passengers
or property in intrastate commerce in the State of Alabama between points on its own route
and between points on its own route and points on the route of any other such carrier, or
on the route of any common carrier by railroad or express, or water, when a through route
and route and joint rate shall have been established. Such rates, fares and charges shall
be stated in terms of lawful money of the United States. The tariffs required by this section
shall be published, filed and posted in such form and manner and shall contain such information
as the commission by reasonable regulation shall prescribe; and the commission is authorized
to reject any tariff filed with it which is not in consonance with this...
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41-9-62
Section 41-9-62 Claims within jurisdiction of board generally; employees of municipalities,
counties, etc., not within jurisdiction of board, etc. (a) The Board of Adjustment shall have
the power and jurisdiction and it shall be its duty to hear and consider: (1) All claims for
damages to the person or property growing out of any injury done to either the person or property
by the State of Alabama or any of its agencies, commissions, boards, institutions or departments,
with the exception of claims by employees of the state for personal injury or death arising
out of the course of employment with the State of Alabama, where such employees are covered
by an employee injury compensation program; (2) All claims for personal injuries to or the
death of any convict, and all claims for personal injuries to or the death of any employee
of a city or county board of education, or college or university, arising out of the course
of the employee's employment and where the employee is not covered...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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41-9-351
Section 41-9-351 Commission may provide for insurance for properties and employees. (a) The
commission may provide insurance covering loss or damage to its properties or any properties
of others in its custody, care, or control or any properties as to which it has any insurable
interest caused by fire or other casualty and may likewise provide insurance for the payment
of damages on account of the injury or death of persons and the loss or destruction of properties
of others, and may pay the premiums out of the revenues of the commission. Nothing in this
section shall be construed to authorize or permit the institution of any civil action or proceeding
in any court against the commission for or on account of any matter referred to in this section.
Any contracts of insurance authorized by this section may, in the discretion of the chair
of the commission, provide for a direct right of action against the insurance carrier for
the enforcement of any claims or causes of action. (b) The...
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41-10-672
Section 41-10-672 Definitions. When used in this division, the following terms shall have the
following meanings unless the context clearly indicates otherwise: (1) ANCILLARY COSTS shall
mean the costs incurred in acquiring and constructing public improvements that benefit all
or any part of the projects including, without limitation, (i) improvements to streets, roads,
and bridges, (ii) improvements to water and sewer systems, gas and electric systems, and other
utilities providing services to any part of the projects, (iii) improvements to the police,
fire, and emergency rescue services provided to the companies by local governmental entities,
and (iv) improvements to transportation systems benefiting the companies, such as railroad
spur and switching facilities. (2) AUTHORITY shall mean the Alabama 21st Century Authority,
which is provided for pursuant to the Enabling Act. (3) BOEING shall mean the Boeing Company,
a corporation, or any affiliate thereof. (4) BONDS shall mean the...
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