§ 8-3-2-8 — Freight cars; delay in furnishing; forfeiture

Every carrier subject to the provisions of this
chapter which shall fail and neglect to furnish cars to applicants in
accordance with the application therefor, and as provided in section 6
of this chapter, shall forfeit and pay to the applicant the sum of one
dollar ($1) for each car for each twenty-four (24) hours, or the major
part thereof, that the delivery of the same shall be delayed beyond the
date when the cars were required to be furnished; provided, that such
forfeiture shall not accrue if the carrier shall show to the satisfaction of
the court or jury trying the cause that it did not have the cars in its
control at the time they were required for delivery, and that, for a
reasonable time prior to the failure and at the time of the failure, it had
made and then made a bona fide and reasonable effort to supply its line
with the necessary car equipment to care for the traffic then on its line
and such future traffic as it could reasonably anticipate would be
offered for shipment.
Formerly: Acts 1907, c.231, s.8. As amended by P.L.62-1984,
SEC.19.