(a) In all actions at law against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state, for the violation of the provisions of this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-430 regulating the transportation of freight, or in case any person or corporation, as defined in § 23-10-402, engaged as aforesaid shall not do or permit to be done any act, matter, or thing required to be done in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-430, the person or corporation shall be held to pay to the person, firm, or corporation injured thereby the actual amount of damages so sustained, to be recovered by the person, firm, or corporation so damaged, in any court having jurisdiction of the amount where the person or corporation causing the damage can be found or has an agent or place of business.
(b)
(1) No such action shall be sustained unless brought within one (1) year after the cause of action accrued, or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. However, no railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state shall have a right of action against any person, firm, or corporation when the person, firm, or corporation shall violate the provisions of any part of this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-430 unless the suit is instituted within one (1) year of the violation.
(2) No action shall be brought after two (2) years from the time the right of action accrues.
(c) As many causes of action as may have accrued within the year to any one (1) person, firm, or corporation, including damages, forfeitures, demurrage, etc., may be joined in the suit or complaint.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 10 - Transportation Of Passengers And Freight Generally
Subchapter 4 - Freight — Railroads
§ 23-10-401. Definition for §§ 23-10-432 — 23-10-437 and 23-12-605
§ 23-10-402. Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431
§ 23-10-403. Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 — 23-10-431
§ 23-10-404. Remedies in §§ 23-10-438 — 23-10-440 cumulative
§ 23-10-405. Remedies in §§ 23-10-406, 23-10-409 — 23-10-431 cumulative
§ 23-10-407. Reasonable rules for transportation of freight permitted
§ 23-10-408. Contracts or rules abridging liability of railroad void
§ 23-10-409. Free or reduced rate transportation permitted
§ 23-10-410. Discrimination as to freight prohibited — Pooling, rebates, etc., prohibited
§ 23-10-411. Forwarding freight over connecting lines — Preferences prohibited — Exceptions
§ 23-10-412. Demurrage charges generally
§ 23-10-413. Duty to furnish cars to shipper
§ 23-10-414. Duty to furnish cars — Interstate railroads
§ 23-10-415. Duty to exchange and return cars
§ 23-10-416. Loading of cars generally
§ 23-10-417. Cars detained for fault of shipper — Demurrage charges
§ 23-10-418. Receipt and transport of freight — Time restraints
§ 23-10-419. Delivery of freight
§ 23-10-420. Notice to consignee of arrival of freight — Penalty for failure to give
§ 23-10-421. Notice of arrival of freight — Free time
§ 23-10-422. Shipment to consignor's order — Notice
§ 23-10-423. Package freight unloaded by railroad — Storage charges
§ 23-10-424. Unloading cars — Free time — Demurrage charges — Extension of free time
§ 23-10-425. Loading or unloading — Additional free time when weather inclement
§ 23-10-427. Storage of freight after failure to unload — Charges
§ 23-10-428. Refusal of freight — Notice to consignor — Liability for demurrage
§ 23-10-429. Employee demanding or receiving extra pay for furnishing car to shipper — Penalty
§ 23-10-430. Recovery of demurrage, forfeitures, and charges
§ 23-10-432. Duty to furnish cars — Reasonable time for requesting cars
§ 23-10-433. Exceptions to duty to furnish or exchange cars
§ 23-10-434. Liability for failure to furnish or exchange cars — Exceptions
§ 23-10-435. Liability for cars of another railroad
§ 23-10-437. Intrastate freight — Rules
§ 23-10-438. Perishable freight — Duty to furnish cars — Exceptions — Penalty
§ 23-10-439. Perishable freight — Time for loading — Demurrage charges
§ 23-10-440. Forwarding perishable freight — Penalty for failure
§ 23-10-441. Shipper's pass on shipments of livestock or poultry
§ 23-10-442. Shipments of sheep and hogs