reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-103 - Railroads - Civil penalties for violations of sections 23-4-603, 23-4-707, 23-4-710, 23-4-711, 23-4-713, and 23-10-104 - 23-10-108 - Actions to recover penalties

(a)
Any railroad corporation that violates §§
23-4-603
,
23-4-707
,
23-4-710
,
23-4-711
, or
23-4-713
or shall be a party concerned in the violation of §
23-10-108
shall forfeit and pay for every such offense any sum not less than fifty dollars ($50.00) nor exceeding one thousand dollars ($1,000) and costs of suit, to be recovered by civil action by the party aggrieved, in any court having jurisdiction thereof.
(b)
(1)
Any president, director, officer, agent, or employee of any such railroad who shall knowingly or willfully violate any of the provisions of §§
23-10-104
-
23-10-108
for every such violation shall be liable for the same penalties, to be recovered by any party aggrieved in the same manner as prescribed in this section.
(2)
In case of the violation of §
23-10-108
by any such railroad corporation or president, director, officer, agent, or employee, each day of violation shall constitute a separate cause of action.
(c)
All such actions shall be brought within one (1) year after the cause of action accrues or within one (1) year after the party complaining comes to the knowledge of his or her rights.
(d)
No such action shall be maintained unless it is alleged and shown that before bringing his or her action the party complaining brought the matter to the attention of the railroad company by a notice or a statement of the facts in writing, accompanied by the papers showing the violation, if he or she has any, and a demand for reparation which has been delivered to some agent of the railroad company. It must also be shown that for fifteen (15) days after the reception of the notice the railroad company neglected or refused to refund any overcharge or make other proper reparation.
Acts 1887, No. 81, § 12, p. 113; C. & M. Dig., § 1006; Pope's Dig., § 1215; A.S.A. 1947, § 73-1511.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-104 - Railroads - Preferences as to services prohibited

No railroad or any lessee, manager, or employee thereof shall make any preferences in furnishing cars or motive power.
Acts 1887, No. 81, § 4, p. 113; C. & M. Dig., § 919; Pope's Dig., § 1123; A.S.A. 1947, § 73-1506.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-105 - Railroads - Discrimination in charges or facilities prohibited

(a)
All individuals, associations, and corporations shall have equal rights to have persons and property transported over railroads in this state.
(b)
No unjust or undue discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the state.
(c)
Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station, but excursion, immigration, and commutation tickets may be issued at special rates.
(d)
No railroad shall charge or collect from a connecting railroad any greater rate of charge for transporting freight received from the connecting railroad to points on its line than the connecting road charges for similar freights originating at the point of junction to the same destination.
Acts 1887, No. 81, §§ 1, 4, p. 113; C. & M. Dig., §§ 848, 919; Acts 1937, No. 131, § 1; Pope's Dig., §§ 1052, 1123; Acts 1961, No. 247, § 1; A.S.A. 1947, §§ 73-1504, 73-1506.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-106 - Transportation companies - Discrimination in charges or facilities prohibited

No discrimination in charges or facilities for transportation shall be made between transportation companies and individuals or in favor of either by abatement, drawback, or otherwise.
Acts 1887, No. 81, § 4, p. 113; C. & M. Dig., § 919; Pope's Dig., § 1123; A.S.A. 1947, § 73-1506.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-107 - Railroads - Free transportation for officers, agents, etc

Nothing contained in this act shall make unlawful the issuance of free transportation to employees, widows and widowers of deceased employees, officers, agents, surgeons, physicians, and attorneys for common carrier railroad companies, or for dependent members of their families.
Acts 1887, No. 81, § 1, p. 113; C. & M. Dig., § 848; Acts 1937, No. 131, § 1; Pope's Dig., § 1052; Acts 1961, No. 247, § 1; A.S.A. 1947, § 73-1504.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-108 - Railroads - Officers, agents, or employees not to be personally interested in contracts

(a)
No president, director, officer, agent, or employee of any railroad shall be interested, directly or indirectly, in the furnishing of materials or supplies to the railroad or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by the railroad, nor in any arrangement which shall afford more advantageous terms or greater facilities than are offered or accorded to the public.
(b)
All contracts and arrangements in violation of this section shall be void.
Acts 1887, No. 81, § 3, p. 113; C. & M. Dig., §§ 918, 8439; Pope's Dig., §§ 1122, 11013; A.S.A. 1947, § 73-1503.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-109 - Agreements for carrier to pay charge for use of additional mode of transportation void

(a)
Any part of any agreement, arrangement, or other device entered into shall be unlawful and void which, as a condition to the transportation of property, requires or permits a regulated for-hire carrier of property, freight forwarder, private carrier, or other carrier or shipper or association or group of shippers to pay a charge, allowance, assessment, or compensation to any person or organization if the charge, allowance, assessment, or compensation is dependent or contingent upon the use of another mode of transportation in addition to motor transportation for movement of the property.
(b)
(1)
Should any person, firm, partnership, organization, or association of persons violate any of the provisions of this section, he, she, or it shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or by both a fine and imprisonment.
(2)
Each day of the violation of any of the provisions of this section shall constitute a separate offense.
Acts 1963, No. 98, §§ 1, 2; A.S.A. 1947, §§ 73-1537, 73-1538.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-10-101 — 23-10-110) › Section 23-10-110 - Railroads - Actions under Acts 1887, No. 81 - Attendance and testimony of officers, agents, etc

(a)
In any action brought under this act, the court before which the action is pending may compel any president, director, officer, receiver, trustee, or agent of the railroad defendant in the action to attend and testify in the case. The court may compel the production of the books and papers of the railroad corporation party to the action or suit.
(b)
The claim that any such testimony or evidence may tend to incriminate the person giving the evidence shall not excuse the witness from testifying, but the evidence or testimony shall not be used against the person on the trial of any criminal proceedings.
Acts 1887, No. 81, § 8, p. 113; C. & M. Dig., § 1005; Pope's Dig., § 1214; A.S.A. 1947, § 73-1510.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 2 - PASSENGERS (§§ 23-10-201 — 23-10-213) › Section 23-10-209 - Baggage generally

(a)
As used in this section, unless the context otherwise requires, "baggage" includes whatever a passenger upon any carrier of passengers takes with him or her, for personal use and convenience, with reference to the immediate necessities or of the journey, and shall also include such samples of goods, wares, and merchandise as may be necessary to be carried for display by commercial salespersons, and shall include theatrical costumes and effects when the samples, costumes, or effects are enclosed in trunks and similar receptacles.
(b)
(1)
All carriers of passengers in this state shall transport and carry any passengers' baggage weighing not more than one hundred fifty pounds (150 lbs.) free of charge.
(2)
Where the weight of the baggage is in excess of one hundred fifty pounds (150 lbs.), the carrier shall charge and receive such excess for a fee of not more than twelve and one-half percent (121/2%) of the purchase price of the ticket or fare purchased and paid for by the passenger per one hundred pounds (100 lbs.) or fraction thereof, but in no case shall the charge for the excess be less than twenty-five cents (25¢) on the same train or boat upon which the passenger shall travel and within a reasonable time thereafter.
(c)
The baggage shall be tendered to the carrier at least thirty (30) minutes before the arrival of the train or boat. The carrier shall deliver the baggage in good condition with due diligence to the passengers at destination.
(d)
(1)
Any railroad company or other common carrier failing to comply with any of the requirements of subsections (b) and (c) of this section shall be liable to the persons aggrieved thereby for the actual damages caused by the failure to comply.
(2)
In addition to the actual damages, the carrier shall be liable for a penalty not exceeding one hundred dollars ($100) for each and every failure to comply with any of the provisions of subsections (b) and (c) of this section.
(3)
The penalty may be recovered and collected, together with the actual damages, by a civil suit in any court having jurisdiction.
Acts 1911, No. 252, §§ 1-3; C. & M. Dig., §§ 968-970; Pope's Dig., §§ 1172-1174; A.S.A. 1947, §§ 73-1222 -- 73-1224.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 2 - PASSENGERS (§§ 23-10-201 — 23-10-213) › Section 23-10-210 - Bicycles transported as baggage

(a)
Bicycles are declared to be baggage and shall be checked and transported as baggage for passengers by all railway companies operating in this state and be subject to the same charges and liabilities as other baggage. However, no passenger shall be required to crate, cover, or otherwise protect any such bicycle, and railway companies shall be responsible for the bicycle in the same manner as all other baggage.
(b)
Under the provisions of this section, no railroad corporation shall be required to transport more than one (1) bicycle for a single individual in addition to any other baggage as shall bring the whole within the lawful weight limit.
Acts 1897, No. 23, § 1, p. 30; C. & M. Dig., § 971; Pope's Dig., § 1175; A.S.A. 1947, § 73-1225.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 2 - PASSENGERS (§§ 23-10-201 — 23-10-213) › Section 23-10-211 - Handling of baggage

(a)
(1)
All railroad and express companies in this state are required to provide each and every one of its trains with one (1) or more stage-planks, of not less than eight feet (8') in length and three feet (3') in width, or trucks to be used in unloading trunks and baggage from their trains to the depot platforms.
(2)
All railroads and express companies in this state and their agents and employees are required to use the stage-planks or trucks provided for in subdivision (a)(1) of this section while they are unloading baggage and trunks from their trains, except where platforms are as high as the car doors.
(b)
All railroads and express companies in this state and their agents and employees are prohibited from tumbling trunks and baggage from their car doors into the depot platforms, thereby breaking, injuring, or in anywise damaging the trunk or baggage or contents thereof.
(c)
Any railroad or express company violating this section or handling trunks or baggage in such a rough and careless manner as to injure the trunks or baggage shall be liable to the owner of the damaged trunks or baggage, in addition to the value of the trunks or baggage, in the sum of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200). This sum shall be recovered by an action against the railroad or express company in any court having jurisdiction of such causes in any county in which the railroad or express company may do business, and the court may consolidate as many separate injuries as may have occurred in any counties in this state within twelve (12) months prior to the bringing of the action.
Acts 1891, No. 43, §§ 1-3, p. 72; 1899, No. 86, § 1, p. 142; C. & M. Dig., §§ 973-975; Pope's Dig., §§ 1177-1179, A.S.A. 1947, §§ 73-1226 -- 73-1228.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 2 - PASSENGERS (§§ 23-10-201 — 23-10-213) › Section 23-10-212 - Baggage - Duration of carriers' liability

All persons or corporations engaged in the business of common carrier shall be responsible as common carrier for all baggage or goods checked by them as baggage for forty-eight (48) hours after the baggage or goods checked as baggage have reached their destinations.
Acts 1899, No. 34, § 1, p. 41; C. & M. Dig., § 972; Pope's Dig., § 1176; A.S.A. 1947, § 73-1229.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 2 - PASSENGERS (§§ 23-10-201 — 23-10-213) › Section 23-10-213 - Special passenger excursion train - Definitions

(a)
(1)
Notwithstanding any other law to the contrary, the liability of a nonprofit sponsor of a special passenger excursion train, the owner or operator of a special passenger excursion train, and the railroad or rail authority over whose tracks the special passenger excursion train is operated, for all claims, whether for compensatory damages or punitive damages, arising from a rail incident or accident occurring in Arkansas and involving a special passenger excursion train shall not exceed ten million dollars ($10,000,000).
(2)
This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident.
(b)
(1)
The nonprofit sponsor of a special passenger excursion train shall maintain insurance coverage of not less than ten million dollars ($10,000,000) per occurrence, with the nonprofit sponsor and the railroad or rail authority over whose tracks the special passenger excursion train is operated as named insureds.
(2)
Such insurance shall not have a self-insured retention or deductible greater than one hundred thousand dollars ($100,000).
(3)
A nonprofit sponsor shall provide evidence of such coverage upon demand of the State Highway Commission or by the railroad or rail authority over whose tracks the special passenger excursion train is to be operated.
(c)
Nothing in this section shall be construed as requiring a railroad or rail authority to permit the operation of a special passenger excursion train over its tracks.
(d)
As used in this section:
(1)
"Nonprofit sponsor" means a nonprofit corporation other than a railroad or rail authority whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current functions, and future of railroad transportation and which is exclusive to religious, scientific, literary, or educational within the meaning of
26 U.S.C. § 501(c)(3)
, as amended; and
(2)
"Special passenger excursion train" means a train offered by a nonprofit sponsor to the public for operation over a common carrier railroad or railroad authority.
Acts 1995, No. 1251, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 3 - FREIGHT - CARRIERS GENERALLY (§§ 23-10-301 — 23-10-306) › Section 23-10-301 - Express and freight rules prescribed by department

The Arkansas Department of Transportation shall make rules to be observed by all persons or corporations operating any railroad or engaged in transporting property as express or freight in this state, in respect to the receiving, hauling, transporting, storing, and delivering of freight and express as, in its judgment, the public convenience may require.
Amended by Act 2019, No. 315,§ 2398, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 144, eff. 8/1/2017.
Acts 1907, No. 422, § 3, p. 1137; C. & M. Dig., § 1649; Pope's Dig., § 1970; A.S.A. 1947, § 73-1304.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 3 - FREIGHT - CARRIERS GENERALLY (§§ 23-10-301 — 23-10-306) › Section 23-10-302 - Express offices and delivery - Penalties

(a)
(1)
All corporations doing an express business in Arkansas are required to establish and maintain an office in all cities of the first class in Arkansas, for the purpose of receiving shipments to be made by express and to receive and deliver all packages carried or sent by express to the cities.
(2)
The express offices shall be open for business in the cities at all reasonable times and hours.
(b)
The Arkansas Department of Transportation is authorized and directed to define the limits in the cities in which express companies shall make free delivery of all express packages received by them.
(c)
(1)
Any express company refusing to establish and maintain the offices or refusing to deliver free any express packages received by them within the limits fixed by the department shall be guilty of a misdemeanor for each failure or refusal to comply with the terms of this section or the orders of the department and shall be fined in any sum not exceeding one hundred dollars ($100) for each offense.
(2)
Each day that the company refuses to establish and maintain the offices and each refusal to deliver within the territory fixed by the department shall be a separate offense.
Amended by Act 2017, No. 707,§ 145, eff. 8/1/2017.
Acts 1911, No. 356, §§ 1-3; C. & M. Dig., §§ 854-856, 938-940; Pope's Dig., §§ 1058-1060, 1142-1144; A.S.A. 1947, §§ 73-1301 -- 73-1303.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 3 - FREIGHT - CARRIERS GENERALLY (§§ 23-10-301 — 23-10-306) › Section 23-10-303 - Goods damaged in transit - Liability generally

(a)
Whenever any property is received by a common carrier to be transferred from one place to another, within or without this state, or when a railroad or other transportation company issues receipts or bills of lading in this state, the common carrier, railroad, or transportation company issuing the receipt or bill of lading shall be liable for any loss or damage or injury to the property caused by its negligence or the negligence of any other common carrier, railroad, or transportation company to which the property may pass.
(b)
The common carrier, railroad, or transportation company issuing any receipt or bill of lading shall be entitled to recover, in a proper action, the amount of any loss, damage, or injury it may be required to pay to the owner of the property, from the common carrier, railroad, or transportation company through whose negligence the loss, damage, or injury may be sustained.
Acts 1907, No. 270, § 1, p. 619; C. & M. Dig., § 924; Pope's Dig., § 1128; A.S.A. 1947, § 73-1352.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 3 - FREIGHT - CARRIERS GENERALLY (§§ 23-10-301 — 23-10-306) › Section 23-10-304 - Goods damaged in intrastate transit

(a)
All railway companies, their assignees or lessees, and all other common carriers who receive goods for shipment at points within this state to be delivered at other points within this state and all railway companies and other common carriers, their assignees or lessees, who deliver goods, wares, and merchandise to persons at points within this state are made liable for all damages to the goods, wares, and merchandise, to the consignee or his or her legal representative.
(b)
All damages to goods, wares, or merchandise may be collected from the agent at the point of destination, if the consignee or his or her legal representative presents to the agent of the railway company or other common carrier an itemized statement giving a clear description of the property damaged and the amount of damage to each item or article so damaged, verified by affidavit, within ten (10) days from the time the goods are received.
(c)
(1)
If, after the consignee has made out and presented his or her itemized statement as required by subsection (b) of this section, the railway company or other common carrier or its agent at the point of destination fails or refuses to pay the claim for loss or damage within thirty (30) days after demand, the consignee of the goods, wares, or merchandise so damaged may enter suit against the railway company or other common carrier, their assignees, or lessees, for his or her loss or damage.
(2)
If he or she recovers in the action against the railway company, its assignees, or lessees, a judgment equal to the amount stipulated in the affidavit of claim, the court or jury trying the cause shall render a verdict or judgment for treble the amount of the claim for his or her damage or loss.
(d)
Any person who makes a false affidavit under subsection (b) of this section, or who swears falsely to any item or material fact upon which suit may be based, shall be deemed guilty of perjury and shall be punished according to the laws now governing such a crime.
(e)
Nothing in this section shall be so construed as to conflict with or repeal any law now in existence or in any way change the manner of procedure in actions for damages.
Acts 1905, No. 144, §§ 1-5, p. 358; 1907, No. 166, §§ 1, 2, p. 401; C. & M. Dig., §§ 920-923; Pope's Dig., §§ 1124-1127; A.S.A. 1947, §§ 73-1347 -- 73-1351.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 3 - FREIGHT - CARRIERS GENERALLY (§§ 23-10-301 — 23-10-306) › Section 23-10-305 - Goods damaged in transit - Express companies

(a)
All express companies organized or doing business under the laws of the State of Arkansas shall settle in twenty (20) days with the owner of goods, after notice has been given them, for the damages or loss of goods incurred in transit on the lines of the express companies. Notice to any local agent whose duty it is to report to any of the general offices shall be sufficient notice.
(b)
Any express company, as mentioned in subsection (a) of this section, which fails or refuses to pay for the damages or loss of goods within twenty (20) days after notice is given, as mentioned, shall be liable in damages to the owner of the goods to the amount of damage sustained or lost.
Acts 1905, No. 250, §§ 1, 2, p. 659; C. & M. Dig., §§ 936, 937; Pope's Dig., §§ 1140, 1141; A.S.A. 1947, §§ 73-1353, 73-1354.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 3 - FREIGHT - CARRIERS GENERALLY (§§ 23-10-301 — 23-10-306) › Section 23-10-306 - Unclaimed goods

(a)
When any goods, merchandise, or other property has been received by any warehouser, commission merchant, or common carrier and is not claimed or received by the owner, consignee, or other authorized person for the period of six (6) months from the time it should have been called for, it shall be lawful for the warehouser, commission merchant, or carrier to sell the goods, merchandise, or other property to the highest bidder for cash. Twenty (20) days' notice of the time and place of sale shall first be given to the owner, consignee, or consignor, when known, and by advertisement with two (2) insertions in a daily or weekly newspaper published in the county where the sale is to take place.
(b)
(1)
The proceeds of the sale are to be applied to the payment of freight, storage, and charges due and the cost of advertising and making the sale.
(2)
If any surplus is left after paying freight, storage, cost of advertising, and all other just and reasonable charges, the surplus shall be paid over to the rightful owner of the property at any time thereafter, upon demand being made therefor.
(c)
Railroad companies shall not charge storage for the first forty-eight (48) hours, nor more than five cents (5¢) per day after the first forty-eight (48) hours on baggage not exceeding one hundred fifty pounds (150 lbs.).
(d)
A record of the sale shall be kept. The record shall be open to the inspection of all parties interested therein.
Acts 1895, No. 30, § 1, p. 34; C. & M. Dig., § 972; Pope's Dig., § 1176; A.S.A. 1947, § 73-1355.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-401 - Definition for sections 23-10-432 - 23-10-437 and 23-12-605

As used in §§
23-10-432
-
23-10-437
and
23-12-605
, unless the context otherwise requires, "shipper" means any person, firm, or corporation tendering freight for shipment and any consignor or consignee of any bill of lading, or other person, firm, or corporation having the right of a consignor or consignee.
Acts 1909, No. 277, § 3, p. 814; C. & M. Dig., § 1623; Pope's Dig., § 1945; A.S.A. 1947, § 73-1309.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-402 - Definition for sections 23-10-403, 23-10-405, 23-10-406, and 23-10-409 - 23-10-431

As used in §§
23-10-403
,
23-10-405
,
23-10-406
, and
23-10-409
-
23-10-431
, unless the context otherwise requires, "railroad company", "railroad companies", or "carrier" means all corporations, companies, or individuals which own or operate any railroad in this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver, and their officers and agents.
Acts 1907, No. 193, § 18, p. 453; C. & M. Dig., § 842; Pope's Dig., § 1046; A.S.A. 1947, § 73-1325.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-403 - Application of sections 23-10-402, 23-10-405, 23-10-406, 23-10-409 - 23-10-431

Sections
23-10-402
,
23-10-405
,
23-10-406
, and
23-10-409
-
23-10-431
shall not apply to railroads under two (2) miles in length nor to railroads that are not public carriers.
Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-404 - Remedies in sections 23-10-438 - 23-10-440 cumulative

The remedies given by §§
23-10-438
-
23-10-440
shall be regarded as cumulative, and §§
23-10-438
-
23-10-440
shall not be construed as repealing any statute giving such remedies.
Acts 1909, No. 233, § 4, p. 698; A.S.A. 1947, § 73-1334.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-405 - Remedies in sections 23-10-406, 23-10-409 - 23-10-431 cumulative

The remedies given by §§
23-10-406
and
23-10-409
-
23-10-431
shall be regarded as cumulative, and §§
23-10-406
and
23-10-409
-
23-10-431
shall not be construed as repealing any statute giving such remedies.
Acts 1907, No. 193, § 24, p. 453; A.S.A. 1947, § 73-1330.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-407 - Reasonable rules for transportation of freight permitted

(a)
It shall be lawful for railroads to prescribe rules for the transportation of merchandise, livestock, and other freight that are reasonable and not inconsistent with the common law or statutory duties and liabilities of railroads as common carriers.
(b)
The reasonableness or unreasonableness of the rules shall be determined by a jury in all cases where the rules become an issue before any court.
Amended by Act 2019, No. 315,§ 2400, eff. 7/24/2019.
Acts 1907, No. 239, § 3, p. 557; C. & M. Dig., § 845; Pope's Dig., § 1049; A.S.A. 1947, § 73-1358.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-408 - Contracts or rules abridging liability of railroad void

(a)
It shall be unlawful for any railroad or any of its agents or employees to enter into an agreement or contract with any shipper of any livestock, merchandise, or other freight for the purpose of abridging, modifying, limiting, or abrogating the statutory and common law duties and liabilities of the railroad as a common carrier. All agreements and contracts made for that purpose are declared to be void and shall not be enforced by any of the courts of this state.
(b)
All rules prescribed by any railroad for the transportation of any merchandise, livestock, or other freight which are inconsistent with the common law and statutory duties and liabilities of railroads as common carriers or that in anywise limit or abridge the statutory and common laws and rights of any shipper are declared to be void and shall not be enforced by any of the courts of this state.
Amended by Act 2019, No. 315,§ 2401, eff. 7/24/2019.
Acts 1907, No. 239, §§ 1, 2, p. 557; C. & M. Dig., §§ 843, 844; Pope's Dig., §§ 1047, 1048; A.S.A. 1947, §§ 73-1356, 73-1357.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-409 - Free or reduced rate transportation permitted

Nothing in this section and §§
23-10-402
,
23-10-403
,
23-10-405
,
23-10-406
, and
23-10-410
-
23-10-431
shall be so construed as to prohibit any person or corporation operating a railroad in this state from transporting, delivering, or storing freight free of charge or at reduced rates for any city, county, or town government, or for any state or the United States, or any property for schools, churches, hospitals, fairs, exhibitions, eleemosynary and charitable institutions, or indigent persons, or employees of such corporations for their own personal use, or for railroad eating houses when the houses are maintained for the benefit of railroad employees and the traveling public.
Acts 1907, No. 193, § 16, p. 453; C. & M. Dig., § 917; Acts 1921, No. 513, § 1; Pope's Dig., § 1121; A.S.A. 1947, § 73-1505.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-410 - Discrimination as to freight prohibited - Pooling, rebates, etc., prohibited

(a)
It shall be unlawful for any railroad company or its officers or agents to discriminate between persons, firms, corporations, or places in storage, demurrage charges, furnishing cars, or transportation and delivery of freight.
(b)
No pooling, rebate, drawback, or any similar device, either direct or indirect, will be allowed. Any such device shall be unlawful.
Acts 1907, No. 193, § 16, p. 453; C. & M. Dig., § 917; Acts 1921, No. 513, § 1; Pope's Dig., § 1121; A.S.A. 1947, § 73-1505.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-411 - Forwarding freight over connecting lines - Preferences prohibited - Exceptions

(a)
Every person, company, or corporation operating any railroad in this state which connects with any other railroad in this state and which forms a part of a continuous-line railway communication to any point within the state shall afford all due and reasonable facilities for receiving and forwarding by one (1) of the railroads all the traffic arising by the other and shall promptly forward this traffic at through rates without giving any undue preference or advantage to or in favor of any particular person or company or any particular description of traffic in any respect whatsoever. However, preference shall be given to livestock and perishable freight.
(b)
The connecting lines shall comply as fully with the provisions of this section and §§
23-10-402
,
23-10-403
,
23-10-405
,
23-10-406
,
23-10-409
,
23-10-410
, and
23-10-412
-
23-10-431
as if they were the original receivers of the freight or traffic to be shipped or transported over their own lines.
(c)
The connecting railroads that receive cars from a connecting railroad in this state for transportation wholly in this state shall return the cars, or cars of like character, on demand, in a reasonable time after the cars are delivered to the consignee.
Acts 1907, No. 193, § 17, p. 453; C. & M. Dig., § 925; Pope's Dig., § 1129; A.S.A. 1947, § 73-1507.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-412 - Demurrage charges generally

All carload freight or freight carried at carload rates and all freight in cars, whether full carload or not, taking track delivery shall be subject to the demurrage or car service charges prescribed in §§
23-10-413
-
23-10-431
.
Acts 1907, No. 193, § 5, p. 453; C. & M. Dig., § 899; Pope's Dig., § 1103; A.S.A. 1947, § 73-1314.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-413 - Duty to furnish cars to shipper

(a)
(1)
When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any kind of freight embraced in the tariff of the company, stating in the application the character of the freight and its final destination, the railroad company shall furnish the cars at the place of shipment within six (6) days from 7:00 a.m. of the day following the application.
(2)
When the shipper making the application specifies a future day on which he or she desires to make a shipment, giving not fewer than six (6) days' notice thereof, computing from 7:00 a.m. of the day following the application, the railroad company shall furnish the cars on the day specified in the application. The station agent shall give the applicant a receipt for his or her application for the cars, with the date of filing the application.
(b)
For failure to comply with this section, the railroad company so offending shall forfeit and pay the sum of five dollars ($5.00) per car per day or fraction of a day's delay, after expiration of free time, to the shipper applying, upon demand in writing made within thirty (30) days thereafter by the shipper. However, failure on the part of the shipper to make demand of the railroad company shall not release the railroad company from its liability to the shipper for the forfeiture or demurrage charges.
Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-414 - Duty to furnish cars - Interstate railroads

Interstate railroads shall furnish cars upon application for interstate shipments the same in all respects as other cars are to be furnished by intrastate railroads under the provisions of this section and §§
23-10-402
,
23-10-403
,
23-10-405
,
23-10-406
,
23-10-409
-
23-10-413
, and
23-10-415
-
23-10-431
.
Acts 1907, No. 193, § 17, p. 453; C. & M. Dig., § 925; Pope's Dig., § 1129; A.S.A. 1947, § 73-1507.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-415 - Duty to exchange and return cars

(a)
(1)
It shall be the duty of every railroad company in this state to exchange loaded and empty cars in the transportation of freight, for the purpose of facilitating freight movement, with every other railroad with which the railroad connects forming any part of the route for the shipment of the freight or with which it has or participates in joint rates for such shipments.
(2)
It shall be the duty of each of the railroad companies forming the route or having or participating in the joint rates, upon demand by the connecting line, to furnish to the connecting line within reasonable time after the loaded cars are delivered as many empty cars suitable for carrying the freight as may be delivered to it loaded by the connecting carrier for the purpose of transportation over its line or for delivery to any point on its line.
(b)
Upon demand of the owner thereof, it shall be the duty of every railroad company receiving the cars of another railroad company to return the cars within a reasonable time after demand therefor and within the time and according to the rules prescribed by the Arkansas Department of Transportation.
Amended by Act 2019, No. 315,§ 2402, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 147, eff. 8/1/2017.
Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-416 - Loading of cars generally

(a)
(1)
A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge of not more than five dollars ($5.00) per car per day or fraction of a day may be assessed and collected on all cars which have not been tendered to the railroad company with shipping instructions within the forty-eight (48) hours.
(2)
Should the shipper fail to begin loading within forty-eight (48) hours after the expiration of free time, the railroad company shall consider the cars released and may assess and collect ten dollars ($10.00) on each car to cover the demurrage then due, provided that the delay is not caused by unavoidable accident or strike. The cars are to be released at once.
(3)
If, after placing the cars required by §
23-10-413
, the railroad company temporarily removes any or all of them or in any way prevents, obstructs, or delays the loading of the cars during or after the free time, the shipper shall not be chargeable with the delay caused thereby.
(b)
When, by reason of delay or irregularity on the part of the railroad company in filling orders, cars are bunched in excess of the ability of the shipper to load, as indicated in his or her application, the shipper shall be allowed separate and distinct periods of free time within which to load the cars specified in each separate application.
(c)
Railroad companies shall not be compelled to furnish cars for future shipments to parties in default as to the payment of demurrage charges provided for in subdivision (a)(2) of this section until the demurrage charges have been paid.
Acts 1907, No. 193, § 6, p. 453; C. & M. Dig., §§ 900, 901; Pope's Dig., §§ 1104, 1105; A.S.A. 1947, § 73-1315.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-417 - Cars detained for fault of shipper - Demurrage charges

(a)
(1)
Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive loading when the loading is done by the shipper shall be subject to a demurrage charge of five dollars ($5.00) per car per day or fraction of a day the cars are so detained or held.
(2)
In case of imperfect or excessive loading, the shipper shall be notified thereof as early as practicable after the cars have been received from him or her, in which case, car service charges shall begin at the time of notification.
(b)
No demurrage charge provided in this section shall be collected by the railroad company after the car has been removed from the point of shipment.
Acts 1907, No. 193, § 7, p. 453; C. & M. Dig., § 902; Pope's Dig., § 1106; A.S.A. 1947, § 73-1316.