§ 40-31-102 — Overcharges - recovery - damages

(1) All overcharges made by
any such railroad corporation or the lessee or receiver thereof or other person
operating the same and all claims for loss or damage shall be paid by the
representative of such railroad corporation or the lessee or receiver thereof or
other person operating the same, appointed as provided in section 40-31-101, within
sixty days after the same has been duly presented to such representative or agent
for settlement accompanied by the expense bill of the freight on which such
overcharge has been made or loss or damage suffered, together with a statement,
properly verified, of the amount of such overcharge, loss, or damage. If any such
railroad corporation or the lessee or receiver thereof or other person operating the
same fails to refund the amount of such overcharge, loss, or damage within the time
aforesaid, the person or corporation so suffering the same may recover from the
railroad company or the lessee or receiver thereof or other person operating the
same so in default the sum of one hundred dollars for each month and fraction of a
month during which said company or the lessee or receiver thereof or other person
operating the same is in default, which said sum may be recovered by the parties so
aggrieved or their assignees in any court of competent jurisdiction.

(2) In any suit brought under this section, service upon such agent or
representative of said railroad company or the lessee or receiver thereof or other
person operating the same shall be deemed and held proper service upon such
railroad company or the lessee or receiver thereof or other person operating the
same; but the claimant shall not recover such penalty unless he recovers a larger
amount in a court than the sum tendered him by such railroad corporation, agent,
representative, lessee, or receiver or other person.

Legislative History

Source: L. 1881: p. 205, � 2. G.S. � 2800. R.S. 08: � 5514. C.L. � 2894. CSA: C. 139, � 80. CRS 53: � 116-12-2. C.R.S. 1963: � 116-12-2.