§ 23-10-424 — Unloading cars - Free time - Demurrage charges - Extension of free time

(a) (1) Loaded cars containing fertilizers, hay, coal, coke, brick, sand, and lumber in covered cars and cars containing, in bulk, meat, potatoes, grain and grain products, or cottonseed and cottonseed hulls, taking track delivery, which are to be unloaded by consignee but, having been placed at an accessible point for unloading, are not unloaded within seventy-two (72) hours, computed from 7:00 a.m. of the day following the day legal notice of arrival is given, may be subject thereafter to a charge of demurrage of five dollars ($5.00) per car for each day or fraction of a day that they may remain loaded in possession of the railroad company. (2) All other loaded cars taking track delivery to be unloaded by the consignee shall be limited to forty-eight (48) hours of free time. (b) (1) When, after placing cars as required in this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 - 23-10-423 , and 23-10-425 - 23-10-431 , the railroad company shall, during or after free time, temporarily remove all or any of them, or in any way obstruct the unloading of the cars, then the consignee shall not be chargeable with the delay caused thereby. (2) When, on account of delay or irregularity in transportation, cars are bunched in transit and delivered to the consignee in numbers beyond his or her reasonable ascertained ability to unload within the free time prescribed in this section, he or she shall be allowed by the carrier such additional time as may be necessary to unload cars so in excess by the exercise of due and usual diligence on the part of the consignee.

Legislative History

Acts 1907, No. 193, § 10, p. 453; C. & M. Dig., § 905; Pope's Dig., § 1109; A.S.A. 1947, § 73-1319.