49-16A-27. Gratuitous shipment by railroad without reward--Duties.
A railroad without reward is subject to the same rules as gratuitous employees unless otherwise provided by statute. A railroad must complete any undertaking it has commenced the same as if it had received reward, unless it restores the freight carried to as favorable a position as before carriage was commenced.
Source: SL 1980, ch 322, §27.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 16A - Intrastate Railroad Regulation
Section 49-16A-1 - Definitions of terms.
Section 49-16A-2 - Corporation law--Applicability to railroads.
Section 49-16A-3 - Chapters governing railroads.
Section 49-16A-5 - Freight charges to be just and reasonable.
Section 49-16A-6 - Freight charges to be uniformly applied--Unreasonable discrimination defined.
Section 49-16A-7 - Unreasonable discrimination prohibited.
Section 49-16A-8 - Transportation or service at cut rate or discrimination as felony.
Section 49-16A-9 - Failure to file or observe rates or tariffs as felony--Corporation or individual.
Section 49-16A-10 - Individual acts or omissions in scope of employment.
Section 49-16A-11 - Venue of criminal prosecution.
Section 49-16A-19 - Restraint of trade provisions applicable to railroads.
Section 49-16A-20 - Single-line rates as restraint of trade.
Section 49-16A-22 - Pooling agreements as restraint of trade.
Section 49-16A-23 - Common carrier obligations--Limitation.
Section 49-16A-25 - Lien for freightage.
Section 49-16A-26 - Preference to federal and state governments.
Section 49-16A-27 - Gratuitous shipment by railroad without reward--Duties.
Section 49-16A-28 - Directions of shipper--Conflicting directions--Delivery.
Section 49-16A-29 - Delivery at nearest station absent usage to contrary.
Section 49-16A-30 - Services other than carriage and delivery--Statutes governing.
Section 49-16A-31 - Delivery to connecting carrier--Liability to final destination.
Section 49-16A-32 - Railroad responsible for agents' acts.
Section 49-16A-35 - Suit on claim--Interest--Attorney fee--Remedy cumulative.
Section 49-16A-38 - Joint through rates required--Duty to receive and transport freight and cars.
Section 49-16A-39 - Carload lots--Transfer to connecting road without added charge.
Section 49-16A-41 - Routing instructions by shipper.
Section 49-16A-42 - Sale or lease of road, property, rights, privileges, and franchises authorized.
Section 49-16A-43.1 - Validation of defects in lease or sale made prior to January 1, 1994.
Section 49-16A-43.2 - Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
Section 49-16A-44 - Report annually to department--Special reports and specific questions.
Section 49-16A-45 - Inspection of roads by department.
Section 49-16A-48 - Department of transportation--Interstate commerce violations--Duties.
Section 49-16A-49 - Department of Transportation--Appearance before interstate commerce commission.
Section 49-16A-53 - Changing grade or location for convenience of public travel.
Section 49-16A-54 - Liability for damages from change--Time for damage claim--Notice--Nonresidents.
Section 49-16A-55 - Authorization to use public lands--Damage to occupant.
Section 49-16A-56 - Authorization to use school or public lands--Width of right-of-way.
Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad.
Section 49-16A-61 - Title relates back to filing--Subsequent grants invalid.
Section 49-16A-62 - Other rights-of-way across deeded lands.
Section 49-16A-64 - Plat of proposed road filed with department--Grant of permit to construct road.
Section 49-16A-65 - Factors considered in assessing plat.
Section 49-16A-66 - Publicly constructed or acquired railroads as public highways.
Section 49-16A-71 - Extension of fireguards along right-of-way--Condemnation procedure--Petition.
Section 49-16A-72 - Extension of fireguards on unoccupied land--Right to burn--Maximum width.
Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity.
Section 49-16A-75.3 - Determination of public use consistent with public necessity--Appeal.
Section 49-16A-75.4 - Proceedings to establish compensation--Physical possession.
Section 49-16A-76 - Powers--Acceptance of voluntary grants for railroad purposes.
Section 49-16A-78 - Entries upon land--Appropriation of land--Purposes of appropriation.
Section 49-16A-79 - Condemnation for spur tracks to serve industry.
Section 49-16A-80 - Entry and appropriation for changing location or grade--Surveys.
Section 49-16A-82 - Purchase of land--Failure to agree upon price--Determination by circuit court.
Section 49-16A-83 - Railroad-highway grade crossings.
Section 49-16A-85 - Temporary routes during change of grade construction.
Section 49-16A-87 - Crossing standards--Warning sign.
Section 49-16A-88 - Warning signs--Erection by county commissioners at expense of railroad.
Section 49-16A-89 - Crossings--Erection of lighting or alarms at order of department.
Section 49-16A-89.1 - Erection of stop signs until alarms or lighting operational.
Section 49-16A-90 - Tampering with light or signal--False light or signal--Felony.
Section 49-16A-92 - Notice to railroad to erect fence--Contents of notice--Time for compliance.
Section 49-16A-96 - Bridges and abutments--Maintenance.
Section 49-16A-100 - Utility poles and wires on right-of-way--Commission to regulate.
Section 49-16A-100.2 - Definitions relating to utility crossing of railroad right-of-way.
Section 49-16A-100.4 - Commencement of construction across railroad right-of-way_Exception.
Section 49-16A-100.5 - Standard crossing fee--Flagging expense.
Section 49-16A-100.7 - Notice of objection by railroad--Petition for dispute resolution--Appeal.
Section 49-16A-100.9 - Existing agreements--Eminent domain.
Section 49-16A-100.10 - Application of §§ 49-16A-100.2 to 49-16A-100.9.
Section 49-16A-102 - Railroad police--Appointment and employment by railroad.
Section 49-16A-103 - Railroad police--Authority to arrest--Procedure on arrest without warrant.
Section 49-16A-105 - Entry upon railroad equipment while armed a felony.
Section 49-16A-106 - Tampering with journal boxes a felony.
Section 49-16A-107 - Malicious destruction of railroad property a felony.
Section 49-16A-108 - Malicious obstruction of tracks a felony.
Section 49-16A-108.1 - Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.
Section 49-16A-109 - Punishment for malicious interference with railroad where death results.
Section 49-16A-110 - Insurance--Railroad may procure.
Section 49-16A-112 - Abandonment of right-of-way--Occupation for three years by other users.
Section 49-16A-113 - Consideration for continued occupancy of right-of-way.
Section 49-16A-114 - Termination of right of occupancy unless right to continue acquired.
Section 49-16A-115 - Abandonment of right-of-way on public or Indian lands--Title claims.
Section 49-16A-116 - Municipal claim to reverter in railroad property--Quit claim authorized.
Section 49-16A-118 - Effect of filing--Notice of rights and interests.