Penalty for noncompliance

Any railroad company neglecting or refusing to comply with this part shall be liable for all damages sustained by anyone by reason of such neglect or refusal; and, in order for the injured party to recover all damages such person sustained, it shall be only necessary for such person to prove such neglect or refusal, and the amount of such damages; provided, that such company shall not be liable if it shall be shown that the opening of such field was made capriciously and with intent to annoy and molest such company. Acts 1889, ch. 248, § 3; Shan., § 1597; Code 1932, § 2664; T.C.A. (orig. ed.), § 65-647. Any railroad company neglecting or refusing to comply with this part shall be liable for all damages sustained by anyone by reason of such neglect or refusal; and, in order for the injured party to recover all damages such person sustained, it shall be only necessary for such person to prove such neglect or refusal, and the amount of such damages; provided, that such company shall not be liable if it shall be shown that the opening of such field was made capriciously and with intent to annoy and molest such company. Acts 1889, ch. 248, § 3; Shan., § 1597; Code 1932, § 2664; T.C.A. (orig. ed.), § 65-647.