§ 23-10-428 — Refusal of freight - Notice to consignor - Liability for demurrage

(a) If a consignee refuses to accept freight tendered in pursuance of the bill of lading, the carrier charged with the duty of delivery shall give legal notice to the consignor of the refusal. If the consignor does not, within three (3) days thereafter, give directions for reshipment, unloading, or other disposition of the goods, he or she shall become liable to the carrier for storage on the goods, or demurrage upon the cars in which they are stored, to the same extent and at the same rates as such charges are, under like circumstances, imposed upon consignees who neglect or refuse, after notice of arrival, to remove freight of like character from the depots or cars of the carrier by this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 - 23-10-427 , and 23-10-429 - 23-10-431 . (b) A consignee who has once refused to accept a consignment of goods shall not thereafter be entitled to receive the consignment of goods, except upon payment of all charges for storage or demurrage which have accrued. (c) If the consignee of freight in carloads or less than carloads fails or neglects to remove the freight within three (3) days after the expiration of free time, then the carrier shall, through the agent at point of shipment, so notify the shipper unless the consignee has signified his or her acceptance of the property. The notice may either be served personally or given by mail.

Legislative History

Acts 1907, No. 193, § 14, p. 453; C. & M. Dig., § 909; Pope's Dig., § 1113; A.S.A. 1947, § 73-1323.