§ 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.

Legislative History

Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.