If any person shall by himself or others place, or cause to be placed, on the track or other part of the passageway of any railroad on which steam engines, diesel engines or any other type engines or handcars are used any timber, stone or other obstruction, with intent to injure or impede the passage of any cars or means of conveyance, or shall in any manner obstruct any engine or car passing upon any railroad on which steam engines, diesel engines or any other type engines or handcars are used or endanger the safety of persons conveyed in or upon such railroads or assist therein, such person shall be guilty of a felony and, on being thereof convicted by due course of law, shall be punished by imprisonment in the Penitentiary for not less than one nor more than thirty years and fined in the discretion of the court, except when the death of some human being results from such impediment and in that case the offender shall be adjudged guilty of murder and shall suffer death.

Nothing in this section shall in any manner take away any right of action for damages for injuries to the person or property of any person or body corporate caused by any injury, obstruction or damage done to any railroad or its buildings, tracks or constructions.