Every railroad company operating its line of road, or any part thereof, within this
state shall be liable for all damages by fires that are set out or caused by operating
any such line of road, or any part thereof, in this state, whether negligently or
otherwise. Such damages may be recovered by the party damaged by a proper action in any court
of competent jurisdiction; but said action shall be brought by the party injured
within two years next ensuing after it accrues. The liability imposed in this section shall inure solely in favor of the owner or
mortgagee of the property so damaged or destroyed by fire, and the same shall not
pass by assignment or subrogation to any insurance company that has written a policy
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