Arkansas Code
Subchapter 4 - Freight — Railroads
§ 23-10-440. Forwarding perishable freight — Penalty for failure

(a)
(1) Whenever freight of a character similar to that described in § 23-10-438 is tendered to a railroad company in carload lots or less, and the correct shipping instruction is given, the railroad agent must immediately receive the freight for shipment and issue bills of lading for it.
(2) When such shipments have been received by any railroad company, they shall be started on the first suitable train within twelve (12) hours and shall be carried forward at a rate of not less than two hundred (200) miles per day of twenty-four (24) hours.

(b) Any railroad company failing to comply with this section shall forfeit to the shipper double the damages he or she may sustain by reason of the failure.
(c) In cases of wrecks, washouts, strikes, and other calamities over which railroad companies have no control, this section shall not apply, but the burden shall be on the railroad company to prove the existence of any such facts to justify such a failure.

Structure Arkansas Code

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

§ 23-10-406. Penalties for violations of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or rules of department — Actions to recover

§ 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

§ 23-10-426. Loading or unloading — Extension of time when consignee or consignor at distance from depot

§ 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

§ 23-10-431. Actions for damages for violations of §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431 — Limitation

§ 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

§ 23-10-436. Penalty for gross negligence in not furnishing or exchanging cars — Fee of prosecuting attorney

§ 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

§ 23-10-443. Shipments of grain

§ 23-10-444. Shipments of coal, corn, or cottonseed — Duty to weigh and furnish correct weight to consignee — Penalty

§ 23-10-445. Shipments of coal — Duty to weigh loaded cars prior to shipment and issue certificate of weight — Penalty