South Dakota § 49-16A-35 Suit on claim--Interest--Attorney fee--Remedy cumulative.

South Dakota Statutes

§ 49-16A-35 — Suit on claim--Interest--Attorney fee--Remedy cumulative.

South Dakota § 49-16A-35

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-16AINTRASTATE RAILROAD REGULATION

This text of South Dakota § 49-16A-35 (Suit on claim--Interest--Attorney fee--Remedy cumulative.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 49-16A-35 (2026).

Text

If any claim described in § 49-16A-34 is not adjusted and paid within the time limited by § 49-16A-34 , the railroad is liable for interest at the current maximum usury rate allowed by law from the date of the filing of the claim and may also be liable for a reasonable attorney fee at the court's discretion, all to be recovered by the shipper or other person in interest, in any court of competent jurisdiction. In bringing suit for the recovery of any such claim for loss or injury, if the shipper or other person in interest fails to recover a judgment in excess of the amount that may have been tendered in an effort to make settlement of the claim by the railroad, then such shipper or person in interest shall not recover the interest or attorney fee provided for in this section. The remedy a

Free access — add to your briefcase to read the full text and ask questions with AI

If any claim described in § 49-16A-34 is not adjusted and paid within the time limited by § 49-16A-34 , the railroad is liable for interest at the current maximum usury rate allowed by law from the date of the filing of the claim and may also be liable for a reasonable attorney fee at the court's discretion, all to be recovered by the shipper or other person in interest, in any court of competent jurisdiction. In bringing suit for the recovery of any such claim for loss or injury, if the shipper or other person in interest fails to recover a judgment in excess of the amount that may have been tendered in an effort to make settlement of the claim by the railroad, then such shipper or person in interest shall not recover the interest or attorney fee provided for in this section. The remedy afforded by this section is cumulative to any other provided by law.