(a) Every railroad company that, in violation of any of the provisions of this section and §§ 23-10-401, 23-10-432, 23-10-433, 23-10-435 — 23-10-437, and 23-12-605, fails to furnish any cars for the shipment of any freight within a reasonable time or, in case of the shipment of freight between points within this state, within the time prescribed by the Arkansas Department of Transportation if the department shall prescribe the time by rules as provided in this section and §§ 23-10-401, 23-10-432, 23-10-433, 23-10-435 — 23-10-437, and 23-12-605, and the company fails to do so within a reasonable time, or fails to receive and forward any loaded cars or to exchange cars as provided for in this section and §§ 23-10-401, 23-10-432, 23-10-433, 23-10-435 — 23-10-437, and 23-12-605, that company shall be liable to the shipper or other person injured or damaged thereby for all such injury and damages as may result to the shipper. The railroad company is also liable for all special damages of which it had notice at the time of the shipment or which occurs after written notice thereof, and shall be liable, in addition thereto, for an amount equal to a reasonable attorney's fee, in case suit is brought for recovery of such damages.
(b) In case of the failure or refusal to so furnish, within a reasonable time, any cars for the shipment of livestock, green fruit, vegetables, or other perishable freight, the railroad company shall be liable to the shipper for the damage caused thereby and a reasonable attorney's fee in case suit is brought to recover the damages.
(c) Every railroad company that fails to furnish cars or to exchange cars as required by the provisions of this section and §§ 23-10-401, 23-10-432, 23-10-433, 23-10-435 — 23-10-437, and 23-12-605 or by the rules of the department as provided in this section and §§ 23-10-401, 23-10-432, 23-10-433, 23-10-435 — 23-10-437, and 23-12-605 shall be liable to the railroad company injured thereby for all such damages as may result to it and, in addition thereto, an amount equal to a reasonable attorney's fee in case of suit brought for the recovery of any damages.
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