(a)
(1) Every railroad company which willfully, by its own gross negligence or by the gross negligence of its agents having charge and management of the matter of furnishing cars, fails or refuses to furnish or exchange cars as provided for in this section and §§ 23-10-401, 23-10-432 — 23-10-435, 23-10-437, and 23-12-605 or to transport or deliver the cars within the time prescribed by the Arkansas Department of Transportation as to freight carried between points wholly within this state, or if not so prescribed, then within a reasonable time, shall, in addition to other liabilities provided for in this section and §§ 23-10-401, 23-10-432 — 23-10-435, 23-10-437, and 23-12-605 forfeit to the State of Arkansas, for each of the violations, not less than one dollar ($1.00) nor more than one hundred dollars ($100).
(2) Each day of failure or neglect as to each car which the railroad company by willful or gross negligence fails or refuses to furnish or exchange shall be treated as a separate offense.
(b)
(1) Penalties are to be recovered in an action instituted by the department through the prosecuting attorney of the proper district.
(2) No such suit shall be dismissed or compromised without the consent of the court and the department.
(3)
(A) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.
(B) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court, not to exceed twenty-five percent (25%) of the amount collected, and in such case the prosecuting attorney shall not interfere.
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