§ 8-2-18-1 — Statements to patrons; offenses; civil damages

Indiana § 8-2-18-1

• Jurisdiction: Indiana
• Art. 2: REGULATION OF CARRIERS GENERALLY
• Ch. 18: Intrastate Railroad Freight Rates

Text

(a) Every common carrier doing intrastate
business within Indiana shall, within a reasonable time, give a written
statement of the rate applicable to a described shipment between stated
points in Indiana under the schedules or tariffs of the carrier, upon
written request by a person who is a bona fide prospective shipper or
receiver of freight, or who has a bona fide interest therein, made upon
a general or local freight or station agent of the carrier.
(b) If a carrier refuses or omits to give a statement under subsection
(a) within a reasonable time, or misstates in writing the applicable rate,
and the person, firm, limited liability company, or corporation making
the request suffers harm in consequence of the refusal, omission, or
misstatement of the rate, either through making the shipment over a
line or route for which the proper rate is higher than the rate over
another available line or route or through entering into a sale, purchase,
or contract by which the person, firm, limited liability company, or
corporation is or becomes obligated to make or receive a shipment of
freight, the carrier is liable to a penalty of not less than one hundred
dollars ($100) nor more than two hundred fifty dollars ($250), which
accrues to the state.
(c) The fine under subsection (b) may be recovered, together with
reasonable attorney's fees, in a civil action by the Indiana department
of transportation.
(d) In addition to being liable to the Indiana department of
transportation, a carrier is liable to the person, firm, limited liability
company, or corporation injured for the amount of the injury, together
with six percent (6%) interest from the date of the injury and
reasonable attorney's fees.
(e) Liability under this section is not discharged by the carrier unless
the discharge is approved by the Indiana department of transportation
as being free from any attempt or purpose to evade a law of this state.
(f) If during the course of any action upon the liability to the person
injured it appears to the satisfaction of the court or jury trying the cause
that the parties have combined or agreed to obtain or allow any undue
advantage or rebate or preference to the injured person, upon a finding
to that effect, the cause shall be dismissed and the dismissal and
finding reported by the court to the Indiana department of
transportation and to the proper prosecuting attorney having
jurisdiction.
Formerly: Acts 1911, c.184, s.1. As amended by P.L.59-1984,
SEC.114; P.L.384-1987(ss), SEC.9; P.L.18-1990, SEC.30; P.L.8-1993,
SEC.133.