Transportation Of Passengers And Freight Generally

Ark. Code Ann. tit. 23, ch. 10

in effect

Ark. Code Ann. § 23-10-101 Definition.

As used in this act, unless the context otherwise requires, “railroad” or “railroad corporation” means all corporations, companies, or individuals owning or operating any railroad in this state whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver.

Ark. Code Ann. § 23-10-102 Application of Acts 1887, No. 81 — Different railroad lines operated by same company.

Whenever any railroad corporation, as lessee or otherwise, operates any railroad in connection with its own road, the provisions of this act as to charges for transportation and carrying freight and passengers shall apply to the other road so operated in like manner as if the other road were a part of the line of road owned by the corporation operating the road, and for such purposes all lines of railroad operated by the same company shall be considered as one and the same road.

Ark. Code Ann. § 23-10-103 Railroads — Civil penalties for violations of §§ 23-4-603, 23-4-707, 23-4-710, 23-4-711, 23-4-713, and 23-10-104 — 23-10-108 — Actions to recover penalties.

(a) Any railroad corporation that violates §§ 23-4-603, 23-4-707, 23-4-710, 23-4-711, or 23-4-713 or shall be a party concerned in the violation of § 23-10-108 shall forfeit and pay for every such offense any sum not less than fifty dollars ($50.00) nor exceeding one thousand dollars ($1,000) and costs of suit, to be recovered by civil action by the party aggrieved, in any court having jurisdiction thereof. (b)(1) Any president, director, officer, agent, or employee of any such railroad who shall knowingly or willfully violate any of the provisions of §§ 23-10-104 — 23-10-108 for every such violation shall be liable for the same penalties, to be recovered by any party aggrieved in the same manner as prescribed in this section. (2) In case of the violation of § 23-10-108 by any such railroad corporation or president, director, officer, agent, or employee, each day of violation shall constitute a separate cause of action. (c) All such actions shall be brought within one (1) year after the cause of action accrues or within one (1) year after the party complaining comes to the knowledge of his or her rights. (d) No such action shall be maintained unless it is alleged and shown that before bringing his or her action the party complaining brought the matter to the attention of the railroad company by a notice or a statement of the facts in writing, accompanied by the papers showing the violation, if he or she has any, and a demand for reparation which has been delivered to some agent of the railroad company. It must also be shown that for fifteen (15) days after the reception of the notice the railroad company neglected or refused to refund any overcharge or make other proper reparation.

Ark. Code Ann. § 23-10-104 Railroads — Preferences as to services prohibited.

No railroad or any lessee, manager, or employee thereof shall make any preferences in furnishing cars or motive power.

Ark. Code Ann. § 23-10-105 Railroads — Discrimination in charges or facilities prohibited.

(a) All individuals, associations, and corporations shall have equal rights to have persons and property transported over railroads in this state. (b) No unjust or undue discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the state. (c) Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station, but excursion, immigration, and commutation tickets may be issued at special rates. (d) No railroad shall charge or collect from a connecting railroad any greater rate of charge for transporting freight received from the connecting railroad to points on its line than the connecting road charges for similar freights originating at the point of junction to the same destination.

Ark. Code Ann. § 23-10-106 Transportation companies — Discrimination in charges or facilities prohibited.

No discrimination in charges or facilities for transportation shall be made between transportation companies and individuals or in favor of either by abatement, drawback, or otherwise.

Ark. Code Ann. § 23-10-107 Railroads — Free transportation for officers, agents, etc.

Nothing contained in this act shall make unlawful the issuance of free transportation to employees, widows and widowers of deceased employees, officers, agents, surgeons, physicians, and attorneys for common carrier railroad companies, or for dependent members of their families.

Ark. Code Ann. § 23-10-108 Railroads — Officers, agents, or employees not to be personally interested in contracts.

(a) No president, director, officer, agent, or employee of any railroad shall be interested, directly or indirectly, in the furnishing of materials or supplies to the railroad or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by the railroad, nor in any arrangement which shall afford more advantageous terms or greater facilities than are offered or accorded to the public. (b) All contracts and arrangements in violation of this section shall be void.

Ark. Code Ann. § 23-10-109 Agreements for carrier to pay charge for use of additional mode of transportation void.

(a) Any part of any agreement, arrangement, or other device entered into shall be unlawful and void which, as a condition to the transportation of property, requires or permits a regulated for-hire carrier of property, freight forwarder, private carrier, or other carrier or shipper or association or group of shippers to pay a charge, allowance, assessment, or compensation to any person or organization if the charge, allowance, assessment, or compensation is dependent or contingent upon the use of another mode of transportation in addition to motor transportation for movement of the property. (b)(1) Should any person, firm, partnership, organization, or association of persons violate any of the provisions of this section, he, she, or it shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or by both a fine and imprisonment. (2) Each day of the violation of any of the provisions of this section shall constitute a separate offense.

Ark. Code Ann. § 23-10-110 Railroads — Actions under Acts 1887, No. 81 — Attendance and testimony of officers, agents, etc.

(a) In any action brought under this act, the court before which the action is pending may compel any president, director, officer, receiver, trustee, or agent of the railroad defendant in the action to attend and testify in the case. The court may compel the production of the books and papers of the railroad corporation party to the action or suit. (b) The claim that any such testimony or evidence may tend to incriminate the person giving the evidence shall not excuse the witness from testifying, but the evidence or testimony shall not be used against the person on the trial of any criminal proceedings.

Ark. Code Ann. § 23-10-209 Baggage generally.

(a) As used in this section, unless the context otherwise requires, “baggage” includes whatever a passenger upon any carrier of passengers takes with him or her, for personal use and convenience, with reference to the immediate necessities or of the journey, and shall also include such samples of goods, wares, and merchandise as may be necessary to be carried for display by commercial salespersons, and shall include theatrical costumes and effects when the samples, costumes, or effects are enclosed in trunks and similar receptacles. (b)(1) All carriers of passengers in this state shall transport and carry any passengers' baggage weighing not more than one hundred fifty pounds (150 lbs.) free of charge. (2) Where the weight of the baggage is in excess of one hundred fifty pounds (150 lbs.), the carrier shall charge and receive such excess for a fee of not more than twelve and one-half percent (12½%) of the purchase price of the ticket or fare purchased and paid for by the passenger per one hundred pounds (100 lbs.) or fraction thereof, but in no case shall the charge for the excess be less than twenty-five cents (25¢) on the same train or boat upon which the passenger shall travel and within a reasonable time thereafter. (c) The baggage shall be tendered to the carrier at least thirty (30) minutes before the arrival of the train or boat. The carrier shall deliver the baggage in good condition with due diligence to the passengers at destination. (d)(1) Any railroad company or other common carrier failing to comply with any of the requirements of subsections (b) and (c) of this section shall be liable to the persons aggrieved thereby for the actual damages caused by the failure to comply. (2) In addition to the actual damages, the carrier shall be liable for a penalty not exceeding one hundred dollars ($100) for each and every failure to comply with any of the provisions of subsections (b) and (c) of this section. (3) The penalty may be recovered and collected, together with the actual damages, by a civil suit in any court having jurisdiction.

Ark. Code Ann. § 23-10-210 Bicycles transported as baggage.

(a) Bicycles are declared to be baggage and shall be checked and transported as baggage for passengers by all railway companies operating in this state and be subject to the same charges and liabilities as other baggage. However, no passenger shall be required to crate, cover, or otherwise protect any such bicycle, and railway companies shall be responsible for the bicycle in the same manner as all other baggage. (b) Under the provisions of this section, no railroad corporation shall be required to transport more than one (1) bicycle for a single individual in addition to any other baggage as shall bring the whole within the lawful weight limit.

Ark. Code Ann. § 23-10-211 Handling of baggage.

(a)(1) All railroad and express companies in this state are required to provide each and every one of its trains with one (1) or more stage-planks, of not less than eight feet (8') in length and three feet (3') in width, or trucks to be used in unloading trunks and baggage from their trains to the depot platforms. (2) All railroads and express companies in this state and their agents and employees are required to use the stage-planks or trucks provided for in subdivision (a)(1) of this section while they are unloading baggage and trunks from their trains, except where platforms are as high as the car doors. (b) All railroads and express companies in this state and their agents and employees are prohibited from tumbling trunks and baggage from their car doors into the depot platforms, thereby breaking, injuring, or in anywise damaging the trunk or baggage or contents thereof. (c) Any railroad or express company violating this section or handling trunks or baggage in such a rough and careless manner as to injure the trunks or baggage shall be liable to the owner of the damaged trunks or baggage, in addition to the value of the trunks or baggage, in the sum of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200). This sum shall be recovered by an action against the railroad or express company in any court having jurisdiction of such causes in any county in which the railroad or express company may do business, and the court may consolidate as many separate injuries as may have occurred in any counties in this state within twelve (12) months prior to the bringing of the action.

Ark. Code Ann. § 23-10-212 Baggage — Duration of carriers' liability.

All persons or corporations engaged in the business of common carrier shall be responsible as common carrier for all baggage or goods checked by them as baggage for forty-eight (48) hours after the baggage or goods checked as baggage have reached their destinations.

Ark. Code Ann. § 23-10-213 Special passenger excursion train — Definitions.

(a)(1) Notwithstanding any other law to the contrary, the liability of a nonprofit sponsor of a special passenger excursion train, the owner or operator of a special passenger excursion train, and the railroad or rail authority over whose tracks the special passenger excursion train is operated, for all claims, whether for compensatory damages or punitive damages, arising from a rail incident or accident occurring in Arkansas and involving a special passenger excursion train shall not exceed ten million dollars ($10,000,000). (2) This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident. (b)(1) The nonprofit sponsor of a special passenger excursion train shall maintain insurance coverage of not less than ten million dollars ($10,000,000) per occurrence, with the nonprofit sponsor and the railroad or rail authority over whose tracks the special passenger excursion train is operated as named insureds. (2) Such insurance shall not have a self-insured retention or deductible greater than one hundred thousand dollars ($100,000). (3) A nonprofit sponsor shall provide evidence of such coverage upon demand of the State Highway Commission or by the railroad or rail authority over whose tracks the special passenger excursion train is to be operated. (c) Nothing in this section shall be construed as requiring a railroad or rail authority to permit the operation of a special passenger excursion train over its tracks. (d) As used in this section: (1) “Nonprofit sponsor” means a nonprofit corporation other than a railroad or rail authority whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current functions, and future of railroad transportation and which is exclusive to religious, scientific, literary, or educational within the meaning of 26 U.S.C. § 501(c)(3), as amended; and (2) “Special passenger excursion train” means a train offered by a nonprofit sponsor to the public for operation over a common carrier railroad or railroad authority.

Ark. Code Ann. § 23-10-301 Express and freight rules prescribed by department.

The Arkansas Department of Transportation shall make rules to be observed by all persons or corporations operating any railroad or engaged in transporting property as express or freight in this state, in respect to the receiving, hauling, transporting, storing, and delivering of freight and express as, in its judgment, the public convenience may require.

Ark. Code Ann. § 23-10-302 Express offices and delivery — Penalties.

(a)(1) All corporations doing an express business in Arkansas are required to establish and maintain an office in all cities of the first class in Arkansas, for the purpose of receiving shipments to be made by express and to receive and deliver all packages carried or sent by express to the cities. (2) The express offices shall be open for business in the cities at all reasonable times and hours. (b) The Arkansas Department of Transportation is authorized and directed to define the limits in the cities in which express companies shall make free delivery of all express packages received by them. (c)(1) Any express company refusing to establish and maintain the offices or refusing to deliver free any express packages received by them within the limits fixed by the department shall be guilty of a misdemeanor for each failure or refusal to comply with the terms of this section or the orders of the department and shall be fined in any sum not exceeding one hundred dollars ($100) for each offense. (2) Each day that the company refuses to establish and maintain the offices and each refusal to deliver within the territory fixed by the department shall be a separate offense.

Ark. Code Ann. § 23-10-303 Goods damaged in transit — Liability generally.

(a) Whenever any property is received by a common carrier to be transferred from one place to another, within or without this state, or when a railroad or other transportation company issues receipts or bills of lading in this state, the common carrier, railroad, or transportation company issuing the receipt or bill of lading shall be liable for any loss or damage or injury to the property caused by its negligence or the negligence of any other common carrier, railroad, or transportation company to which the property may pass. (b) The common carrier, railroad, or transportation company issuing any receipt or bill of lading shall be entitled to recover, in a proper action, the amount of any loss, damage, or injury it may be required to pay to the owner of the property, from the common carrier, railroad, or transportation company through whose negligence the loss, damage, or injury may be sustained.

Ark. Code Ann. § 23-10-304 Goods damaged in intrastate transit.

(a) All railway companies, their assignees or lessees, and all other common carriers who receive goods for shipment at points within this state to be delivered at other points within this state and all railway companies and other common carriers, their assignees or lessees, who deliver goods, wares, and merchandise to persons at points within this state are made liable for all damages to the goods, wares, and merchandise, to the consignee or his or her legal representative. (b) All damages to goods, wares, or merchandise may be collected from the agent at the point of destination, if the consignee or his or her legal representative presents to the agent of the railway company or other common carrier an itemized statement giving a clear description of the property damaged and the amount of damage to each item or article so damaged, verified by affidavit, within ten (10) days from the time the goods are received. (c)(1) If, after the consignee has made out and presented his or her itemized statement as required by subsection (b) of this section, the railway company or other common carrier or its agent at the point of destination fails or refuses to pay the claim for loss or damage within thirty (30) days after demand, the consignee of the goods, wares, or merchandise so damaged may enter suit against the railway company or other common carrier, their assignees, or lessees, for his or her loss or damage. (2) If he or she recovers in the action against the railway company, its assignees, or lessees, a judgment equal to the amount stipulated in the affidavit of claim, the court or jury trying the cause shall render a verdict or judgment for treble the amount of the claim for his or her damage or loss. (d) Any person who makes a false affidavit under subsection (b) of this section, or who swears falsely to any item or material fact upon which suit may be based, shall be deemed guilty of perjury and shall be punished according to the laws now governing such a crime. (e) Nothing in this section shall be so construed as to conflict with or repeal any law now in existence or in any way change the manner of procedure in actions for damages.

Ark. Code Ann. § 23-10-305 Goods damaged in transit — Express companies.

(a) All express companies organized or doing business under the laws of the State of Arkansas shall settle in twenty (20) days with the owner of goods, after notice has been given them, for the damages or loss of goods incurred in transit on the lines of the express companies. Notice to any local agent whose duty it is to report to any of the general offices shall be sufficient notice. (b) Any express company, as mentioned in subsection (a) of this section, which fails or refuses to pay for the damages or loss of goods within twenty (20) days after notice is given, as mentioned, shall be liable in damages to the owner of the goods to the amount of damage sustained or lost.

Ark. Code Ann. § 23-10-306 Unclaimed goods.

(a) When any goods, merchandise, or other property has been received by any warehouser, commission merchant, or common carrier and is not claimed or received by the owner, consignee, or other authorized person for the period of six (6) months from the time it should have been called for, it shall be lawful for the warehouser, commission merchant, or carrier to sell the goods, merchandise, or other property to the highest bidder for cash. Twenty (20) days' notice of the time and place of sale shall first be given to the owner, consignee, or consignor, when known, and by advertisement with two (2) insertions in a daily or weekly newspaper published in the county where the sale is to take place. (b)(1) The proceeds of the sale are to be applied to the payment of freight, storage, and charges due and the cost of advertising and making the sale. (2) If any surplus is left after paying freight, storage, cost of advertising, and all other just and reasonable charges, the surplus shall be paid over to the rightful owner of the property at any time thereafter, upon demand being made therefor. (c) Railroad companies shall not charge storage for the first forty-eight (48) hours, nor more than five cents (5¢) per day after the first forty-eight (48) hours on baggage not exceeding one hundred fifty pounds (150 lbs.). (d) A record of the sale shall be kept. The record shall be open to the inspection of all parties interested therein.

Ark. Code Ann. § 23-10-401 Definition for §§ 23-10-432 — 23-10-437 and 23-12-605.

As used in §§ 23-10-432 — 23-10-437 and 23-12-605 , unless the context otherwise requires, “shipper” means any person, firm, or corporation tendering freight for shipment and any consignor or consignee of any bill of lading, or other person, firm, or corporation having the right of a consignor or consignee.

Ark. Code Ann. § 23-10-402 Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431.

As used in §§ 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 — 23-10-431 , unless the context otherwise requires, “railroad company”, “railroad companies”, or “carrier” means all corporations, companies, or individuals which own or operate any railroad in this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver, and their officers and agents.

Ark. Code Ann. § 23-10-403 Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 — 23-10-431.

Sections 23-10-402, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431 shall not apply to railroads under two (2) miles in length nor to railroads that are not public carriers.

Ark. Code Ann. § 23-10-404 Remedies in §§ 23-10-438 — 23-10-440 cumulative.

The remedies given by §§ 23-10-438 — 23-10-440 shall be regarded as cumulative, and §§ 23-10-438 — 23-10-440 shall not be construed as repealing any statute giving such remedies.

Ark. Code Ann. § 23-10-405 Remedies in §§ 23-10-406, 23-10-409 — 23-10-431 cumulative.

The remedies given by §§ 23-10-406 and 23-10-409 — 23-10-431 shall be regarded as cumulative, and §§ 23-10-406 and 23-10-409 — 23-10-431 shall not be construed as repealing any statute giving such remedies.

Ark. Code Ann. § 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.

(a) If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of any such person or corporation, or any other person or corporation as defined in § 23-10-402 or its employees or agents violate any of the provisions of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or aid or abet therein, or violate the tariff of charges or the rules of the Arkansas Department of Transportation as fixed by the department regarding railroad companies upon furnishing cars upon application of shippers, and regarding transportation, delivery, and storage of freight, forbidden pooling, discrimination, rebate, drawback, or other similar device, either directly or indirectly, or regarding any of the rules made by the department based upon §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, and for which there is no other penalty prescribed in §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, then the person, corporation, receiver, trustee, lessee, or any other person or corporation as defined in § 23-10-402 shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or of such rules of the department based upon §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431. (b)(1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur. (2)(A) The department shall institute an action for the recovery of the penalties prescribed in §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department shall employ some other competent attorney at law to bring the suit who shall be allowed a fee to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere. (3) No such suits shall be dismissed or compromised without the consent of the court and the department. (c) Nothing in this section shall be so construed as to interfere in any manner with the action for damages as provided in § 23-10-431.

Ark. Code Ann. § 23-10-407 Reasonable rules for transportation of freight permitted.

(a) It shall be lawful for railroads to prescribe rules for the transportation of merchandise, livestock, and other freight that are reasonable and not inconsistent with the common law or statutory duties and liabilities of railroads as common carriers. (b) The reasonableness or unreasonableness of the rules shall be determined by a jury in all cases where the rules become an issue before any court.

Ark. Code Ann. § 23-10-408 Contracts or rules abridging liability of railroad void.

(a) It shall be unlawful for any railroad or any of its agents or employees to enter into an agreement or contract with any shipper of any livestock, merchandise, or other freight for the purpose of abridging, modifying, limiting, or abrogating the statutory and common law duties and liabilities of the railroad as a common carrier. All agreements and contracts made for that purpose are declared to be void and shall not be enforced by any of the courts of this state. (b) All rules prescribed by any railroad for the transportation of any merchandise, livestock, or other freight which are inconsistent with the common law and statutory duties and liabilities of railroads as common carriers or that in anywise limit or abridge the statutory and common laws and rights of any shipper are declared to be void and shall not be enforced by any of the courts of this state.

Ark. Code Ann. § 23-10-409 Free or reduced rate transportation permitted.

Nothing in this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-410 — 23-10-431 shall be so construed as to prohibit any person or corporation operating a railroad in this state from transporting, delivering, or storing freight free of charge or at reduced rates for any city, county, or town government, or for any state or the United States, or any property for schools, churches, hospitals, fairs, exhibitions, eleemosynary and charitable institutions, or indigent persons, or employees of such corporations for their own personal use, or for railroad eating houses when the houses are maintained for the benefit of railroad employees and the traveling public.

Ark. Code Ann. § 23-10-410 Discrimination as to freight prohibited — Pooling, rebates, etc., prohibited.

(a) It shall be unlawful for any railroad company or its officers or agents to discriminate between persons, firms, corporations, or places in storage, demurrage charges, furnishing cars, or transportation and delivery of freight. (b) No pooling, rebate, drawback, or any similar device, either direct or indirect, will be allowed. Any such device shall be unlawful.

Ark. Code Ann. § 23-10-411 Forwarding freight over connecting lines — Preferences prohibited — Exceptions.

(a) Every person, company, or corporation operating any railroad in this state which connects with any other railroad in this state and which forms a part of a continuous-line railway communication to any point within the state shall afford all due and reasonable facilities for receiving and forwarding by one (1) of the railroads all the traffic arising by the other and shall promptly forward this traffic at through rates without giving any undue preference or advantage to or in favor of any particular person or company or any particular description of traffic in any respect whatsoever. However, preference shall be given to livestock and perishable freight. (b) The connecting lines shall comply as fully with the provisions of this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409, 23-10-410, and 23-10-412 — 23-10-431 as if they were the original receivers of the freight or traffic to be shipped or transported over their own lines. (c) The connecting railroads that receive cars from a connecting railroad in this state for transportation wholly in this state shall return the cars, or cars of like character, on demand, in a reasonable time after the cars are delivered to the consignee.

Ark. Code Ann. § 23-10-412 Demurrage charges generally.

All carload freight or freight carried at carload rates and all freight in cars, whether full carload or not, taking track delivery shall be subject to the demurrage or car service charges prescribed in §§ 23-10-413 — 23-10-431 .

Ark. Code Ann. § 23-10-413 Duty to furnish cars to shipper.

(a)(1) When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any kind of freight embraced in the tariff of the company, stating in the application the character of the freight and its final destination, the railroad company shall furnish the cars at the place of shipment within six (6) days from 7:00 a.m. of the day following the application. (2) When the shipper making the application specifies a future day on which he or she desires to make a shipment, giving not fewer than six (6) days' notice thereof, computing from 7:00 a.m. of the day following the application, the railroad company shall furnish the cars on the day specified in the application. The station agent shall give the applicant a receipt for his or her application for the cars, with the date of filing the application. (b) For failure to comply with this section, the railroad company so offending shall forfeit and pay the sum of five dollars ($5.00) per car per day or fraction of a day's delay, after expiration of free time, to the shipper applying, upon demand in writing made within thirty (30) days thereafter by the shipper. However, failure on the part of the shipper to make demand of the railroad company shall not release the railroad company from its liability to the shipper for the forfeiture or demurrage charges.

Ark. Code Ann. § 23-10-414 Duty to furnish cars — Interstate railroads.

Interstate railroads shall furnish cars upon application for interstate shipments the same in all respects as other cars are to be furnished by intrastate railroads under the provisions of this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 — 23-10-413 , and 23-10-415 — 23-10-431 .

Ark. Code Ann. § 23-10-415 Duty to exchange and return cars.

(a)(1) It shall be the duty of every railroad company in this state to exchange loaded and empty cars in the transportation of freight, for the purpose of facilitating freight movement, with every other railroad with which the railroad connects forming any part of the route for the shipment of the freight or with which it has or participates in joint rates for such shipments. (2) It shall be the duty of each of the railroad companies forming the route or having or participating in the joint rates, upon demand by the connecting line, to furnish to the connecting line within reasonable time after the loaded cars are delivered as many empty cars suitable for carrying the freight as may be delivered to it loaded by the connecting carrier for the purpose of transportation over its line or for delivery to any point on its line. (b) Upon demand of the owner thereof, it shall be the duty of every railroad company receiving the cars of another railroad company to return the cars within a reasonable time after demand therefor and within the time and according to the rules prescribed by the Arkansas Department of Transportation.

Ark. Code Ann. § 23-10-416 Loading of cars generally.

(a)(1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge of not more than five dollars ($5.00) per car per day or fraction of a day may be assessed and collected on all cars which have not been tendered to the railroad company with shipping instructions within the forty-eight (48) hours. (2) Should the shipper fail to begin loading within forty-eight (48) hours after the expiration of free time, the railroad company shall consider the cars released and may assess and collect ten dollars ($10.00) on each car to cover the demurrage then due, provided that the delay is not caused by unavoidable accident or strike. The cars are to be released at once. (3) If, after placing the cars required by § 23-10-413, the railroad company temporarily removes any or all of them or in any way prevents, obstructs, or delays the loading of the cars during or after the free time, the shipper shall not be chargeable with the delay caused thereby. (b) When, by reason of delay or irregularity on the part of the railroad company in filling orders, cars are bunched in excess of the ability of the shipper to load, as indicated in his or her application, the shipper shall be allowed separate and distinct periods of free time within which to load the cars specified in each separate application. (c) Railroad companies shall not be compelled to furnish cars for future shipments to parties in default as to the payment of demurrage charges provided for in subdivision (a)(2) of this section until the demurrage charges have been paid.

Ark. Code Ann. § 23-10-417 Cars detained for fault of shipper — Demurrage charges.

(a)(1) Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive loading when the loading is done by the shipper shall be subject to a demurrage charge of five dollars ($5.00) per car per day or fraction of a day the cars are so detained or held. (2) In case of imperfect or excessive loading, the shipper shall be notified thereof as early as practicable after the cars have been received from him or her, in which case, car service charges shall begin at the time of notification. (b) No demurrage charge provided in this section shall be collected by the railroad company after the car has been removed from the point of shipment.

Ark. Code Ann. § 23-10-418 Receipt and transport of freight — Time restraints.

(a) When freight in carloads or less is tendered to a railroad company and correct shipping instructions are given, the railroad agent must immediately receive the freight for shipment and issue bills of lading for it. (b)(1) Whenever shipments have been received as provided in subsection (a) of this section by any railroad company, they must be carried forward at the rate of not less than fifty (50) miles per day of twenty-four (24) hours, computing from 7:00 a.m. of the day following receipt of shipment. (2) In computing the time of freight in transit, there shall be allowed twenty-four (24) hours at each point where transferring from one (1) railroad to another or rehandling of freight is involved. In all computation of time between shippers and carriers, Sundays and legal holidays are to be excluded. (3) In the transportation of cattle, sheep, swine, and other animals, the carrier shall be governed by the provisions of the federal statutes in watering, feeding, and rest of the animals, and the delay shall be counted as free time. (4) The period during which the movement of freight is suspended on account of accident or any cause not within the power of the railroad company to prevent shall be added to the free time allowed in this section and counted as additional free time. (c) For failure to receive and transport shipments within the time prescribed, the railroad company so offending shall forfeit and pay to the shipper the sum of five dollars ($5.00) per car per day or fraction of a day on all carload freight, and one cent (1¢) per one hundred pounds (100 lbs.) per day or fraction of a day on freight in less than carloads, with a minimum charge of five cents (5¢) for any one (1) package, upon demand in writing by the shipper or another party whose interest is affected by the delay.

Ark. Code Ann. § 23-10-419 Delivery of freight.

(a) Railroad companies shall deliver freight at their depots or warehouses or, in cases of shipments for track delivery, shall place loaded cars at an accessible place for unloading within twenty-four (24) hours after arrival, computing from 7:00 a.m. of the day following arrival of the cars. However, carload shipments for track delivery at local stations having not more than one (1) team track shall be placed at an accessible point for unloading by the conductor of the train on which the car arrives. (b) The shipper or consignee shall be paid five dollars ($5.00) per car per day for each day or fraction of a day the delivery is so delayed.

Ark. Code Ann. § 23-10-420 Notice to consignee of arrival of freight — Penalty for failure to give.

(a)(1) Within twenty-four (24) hours after the arrival of a shipment, railroad companies shall give notice by mail or otherwise to the consignee of the arrival of the shipment, together with the weight and amount of freight charges due thereon. (2) Where goods or freight in carload quantities arrive, the notice shall also contain identifying numbers, letters, and initials of the cars, and, if transferred in transit, the number and initials of the car in which originally shipped. (b) Any railroad company failing to give such notice shall forfeit and pay to the shipper or other party whose interest is affected the sum of five dollars ($5.00) per car per day or fraction of a day's delay on all carload shipments and one cent (1¢) per one hundred pounds (100 lbs.) per day or fraction of a day on freight in less than carloads, with a minimum charge of five cents (5¢) for any one (1) package, after the expiration of the twenty-four (24) hours. However, not more than five dollars ($5.00) per day shall be charged for any one (1) consignment not in excess of a carload.

Ark. Code Ann. § 23-10-421 Notice of arrival of freight — Free time.

(a)(1) Legal notice as referred to in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-420, and 23-10-422 — 23-10-431 may be either actual or constructive. (2) Where the consignee or his or her agent is personally served with the notice of the arrival of freight at or before 6:00 p.m. of any day, free time begins at 7:00 a.m. on the day after the notice has been given. (b)(1) Constructive notice consists of posting notice by mail to the consignee. (2) Where this mode of giving notice is adopted, there shall be forty-eight (48) hours' additional free time. However, in any case where notice of arrival is given by mail, the notice shall be by registered letter, and that notice shall date from the receipt of the registered letter.

Ark. Code Ann. § 23-10-422 Shipment to consignor's order — Notice.

When consignors ship goods consigned to order, but express in their bills of lading or shipping directions the name of the person to notify at the destination, it shall be the duty of the railroad company to give legal notice to that party in the same way and under the same rule as if the shipment had been made directly to him or her. However, when consignors do not comply with this condition, the railroad company shall give notice only to the consignors. At the expiration of free time, the carrier shall give notice thereof to the consignor.

Ark. Code Ann. § 23-10-423 Package freight unloaded by railroad — Storage charges.

(a) All package freight unloaded by railroad companies in their depots and warehouses and all freight unloaded in the yard space of a railroad company in order to release cars and which has not been removed by the owner thereof from the custody of the railroad company within forty-eight (48) hours, computing from 7:00 a.m. of the day following legal notice of arrival, may be subject to the charge of storage for each day or fraction of a day it may remain in the custody of the railroad company, as follows: (1) On less than carloads, not more than one cent (1¢) per one hundred pounds (100 lbs.) per day, or fraction of a day; and (2) In carload quantities, not more than ten cents (10¢) per ton of two thousand pounds (2,000 lbs.) per day or fraction of a day, but not exceeding one dollar ($1.00) per car per day, or fraction of a day. (b) In no case shall the amount so collected for storage of a less-than-carload shipment exceed the amount authorized to be charged as storage on a carload of similar freight for the same length of time when not unloaded from a car, as provided by § 23-10-424.

Ark. Code Ann. § 23-10-424 Unloading cars — Free time — Demurrage charges — Extension of free time.

(a)(1) Loaded cars containing fertilizers, hay, coal, coke, brick, sand, and lumber in covered cars and cars containing, in bulk, meat, potatoes, grain and grain products, or cottonseed and cottonseed hulls, taking track delivery, which are to be unloaded by consignee but, having been placed at an accessible point for unloading, are not unloaded within seventy-two (72) hours, computed from 7:00 a.m. of the day following the day legal notice of arrival is given, may be subject thereafter to a charge of demurrage of five dollars ($5.00) per car for each day or fraction of a day that they may remain loaded in possession of the railroad company. (2) All other loaded cars taking track delivery to be unloaded by the consignee shall be limited to forty-eight (48) hours of free time. (b)(1) When, after placing cars as required in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-423, and 23-10-425 — 23-10-431, the railroad company shall, during or after free time, temporarily remove all or any of them, or in any way obstruct the unloading of the cars, then the consignee shall not be chargeable with the delay caused thereby. (2) When, on account of delay or irregularity in transportation, cars are bunched in transit and delivered to the consignee in numbers beyond his or her reasonable ascertained ability to unload within the free time prescribed in this section, he or she shall be allowed by the carrier such additional time as may be necessary to unload cars so in excess by the exercise of due and usual diligence on the part of the consignee.

Ark. Code Ann. § 23-10-425 Loading or unloading — Additional free time when weather inclement.

Whenever the weather, during the period of free time, is so severe, inclement, or rainy that it is impossible or impracticable to secure means of loading or unloading freight, or when, from the nature of the goods, loading or unloading would cause injury or damage, then additional time shall be added to the free period, and no demurrage charges shall be allowed for the additional free time. This applies to the state of the weather during business hours.

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

A consignee or a consignor five (5) miles or more from the depot whose freight is destined to or from his or her place of business or residence so located shall not be subject to storage or demurrage charges allowed in this section, §§ 23-10-412 — 23-10-425 , and 23-10-427 — 23-10-431 until a sufficient time has elapsed after notice for the consignee or consignor to remove or load the goods by the exercise of ordinary diligence. However, the time limit for loading or unloading shall not exceed five (5) days.

Ark. Code Ann. § 23-10-427 Storage of freight after failure to unload — Charges.

Incoming carload freight coming under the provisions of §§ 23-10-425 and 23-10-426 may be stored by railroad companies in depots or warehouses at the expense of the owner if the freight is not removed before demurrage charges attach. However, the daily storage charge on the freight shall not exceed one dollar ($1.00) per day.

Ark. Code Ann. § 23-10-428 Refusal of freight — Notice to consignor — Liability for demurrage.

(a) If a consignee refuses to accept freight tendered in pursuance of the bill of lading, the carrier charged with the duty of delivery shall give legal notice to the consignor of the refusal. If the consignor does not, within three (3) days thereafter, give directions for reshipment, unloading, or other disposition of the goods, he or she shall become liable to the carrier for storage on the goods, or demurrage upon the cars in which they are stored, to the same extent and at the same rates as such charges are, under like circumstances, imposed upon consignees who neglect or refuse, after notice of arrival, to remove freight of like character from the depots or cars of the carrier by this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-427, and 23-10-429 — 23-10-431. (b) A consignee who has once refused to accept a consignment of goods shall not thereafter be entitled to receive the consignment of goods, except upon payment of all charges for storage or demurrage which have accrued. (c) If the consignee of freight in carloads or less than carloads fails or neglects to remove the freight within three (3) days after the expiration of free time, then the carrier shall, through the agent at point of shipment, so notify the shipper unless the consignee has signified his or her acceptance of the property. The notice may either be served personally or given by mail.

Ark. Code Ann. § 23-10-429 Employee demanding or receiving extra pay for furnishing car to shipper — Penalty.

(a) Any railroad employee who demands or receives from any shipper extra pay over and above the legal freight rate for placing or furnishing cars for the shipment of freight is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than two hundred dollars ($200). Each car so placed or furnished is a separate offense under this section. (b) Any shipper or other person who gives or offers to give any such extra pay to any such employee is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than two hundred dollars ($200).

Ark. Code Ann. § 23-10-430 Recovery of demurrage, forfeitures, and charges.

All forfeitures, charges, and demurrage that accrue to either shipper or railroad company under this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 — 23-10-429 and 23-10-431 may be recovered in any court having jurisdiction.

Ark. Code Ann. § 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.

(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.

Ark. Code Ann. § 23-10-432 Duty to furnish cars — Reasonable time for requesting cars.

It shall be deemed, prima facie, a reasonable time within which to order cars that any shipper shall give notice thereof to the station agent at the place of shipment, or in his or her absence to the nearest station agent of the railroad company to which the application is made, three (3) days before a shipment of five (5) cars or fewer, and five (5) days for fewer than ten (10) but more than five (5) cars, and eight (8) days for ten (10) cars or more. It shall be the duty of the railroad companies to furnish their station agents with printed blanks upon which shippers may make application for their cars. However, nothing in this section and §§ 23-10-401 , 23-10-433 — 23-10-437 , and 23-12-605 shall be construed to exempt any railroad company from the obligation to furnish cars for shipment without the written notice, but it shall only be subject to the penalties of §§ 23-10-434 — 23-10-437 for failure to furnish cars to shippers where notice thereof shall be given in writing or, in case of shipment of freight wholly between points in this state, then in accordance with the rules of the Arkansas Department of Transportation.

Ark. Code Ann. § 23-10-433 Exceptions to duty to furnish or exchange cars.

(a) In no event shall any railroad company be required to furnish any cars to a connecting line except to exchange for other cars reasonably suitable for the transportation of freight. (b) No railroad company shall be compelled to furnish its own cars to any other railroad company except upon reasonable security furnished to it to protect it from loss or destruction of, or damage to, such cars, and compensation for the use thereof.

Ark. Code Ann. § 23-10-434 Liability for failure to furnish or exchange cars — Exceptions.

(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.

Ark. Code Ann. § 23-10-435 Liability for cars of another railroad.

(a) Every railroad company using cars of another railroad company, or cars which have been delivered to it by the other railroad company, shall be liable to the party entitled thereto to pay for the reasonable use and hire thereof and for injury or damages to or destruction of the cars, while in its possession or under its control, for the amount of such injury. In the case of cars in the shipment of freight between points wholly within this state, the amount for the use or hire of the cars may be prescribed by the Arkansas Department of Transportation, except where the owners of the cars and the railway companies agree upon the compensation, in which case the amount so fixed shall govern. (b) When any railroad company or owner of any car is dissatisfied with the amount fixed by the department for the use, hire, loss, or destruction of, or damage to, the cars, or when the railroad company which is liable therefor fails to pay for the use, hire, loss, or destruction of the cars, the department or person entitled thereto, or which is liable for the use, hire, loss, injury, or destruction of the cars, shall be entitled to establish the reasonable value thereof in a suit brought in any court of this state having jurisdiction of the parties and of the amount in controversy, and the court shall render such judgment as to it shall deem just and reasonable.

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

(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.

Ark. Code Ann. § 23-10-437 Intrastate freight — Rules.

(a) The Arkansas Department of Transportation is authorized and empowered, as to all freight carried wholly within this state and the cars used therefor: (1) To make and establish all needful rules, general and special, which may be different according to the circumstances and conditions of different railroads and localities and for different kinds and classes of freight and cars, providing for the time, place, and manner of demanding cars for or giving notice of shipment of such freight and the time, place, and manner and the order in which the cars shall be furnished to shippers for the purpose of shipping freight between points in this state; and (2) To prescribe rules for: (A) The furnishing, exchanging, and interchanging of cars, loaded and empty, by railroad companies as between each other; (B) The time, place, terms, and conditions upon which cars shall be furnished and interchange shall be made, and, in the absence of an agreement of such railroad companies, the reasonable compensation to be paid by each railroad company for the use, loss, injury, or destruction of the cars of another railroad company in the transportation of freight; (C) The time within which and the manner by which railroad companies shall give notice or make demand upon each other for cars to be furnished by one railroad company in exchange for loaded cars or to have its cars returned, the reasonable free time to be allowed the shipper for the loading of cars without incurring liability for demurrage, and the free time which shall be allowed to the shipper or consignee in which to unload freight without incurring any liability for demurrage; and (D) A schedule of reasonable demurrage charges, reciprocal or otherwise, for the use of cars, irrespective of damages or penalties provided in this subchapter, which may be different for different railroads and different traffic and localities to be paid by shippers for the detention or use of cars, either in loading or unloading or paid by the railroads for failing in a reasonable time to furnish cars or to make delivery of loaded cars, subject to the penalties and damages provided in §§ 23-10-432 — 23-10-436 and the rules with respect thereto. (b) The department, whenever it may deem it necessary in order to secure the prompt transportation of freight and preservation of property, shall be authorized to prescribe the minimum speed at which freight shall be moved when being transported between points within this state, including the time for transfer and delivery between connecting railroads. (c) It shall be the duty of every such railroad to conform to all the rules and orders of the department made in accordance with this section. The failure of any such railroad company to observe the rules of the department, or to comply with the provisions of this section and §§ 23-10-401, 23-10-432 — 23-10-436, and 23-12-605 as to freight carried wholly within this state, shall be deemed an abuse subject to correction by the department and shall subject the railroad company to the penalties provided in §§ 23-10-432 — 23-10-436.

Ark. Code Ann. § 23-10-438 Perishable freight — Duty to furnish cars — Exceptions — Penalty.

(a)(1) When a shipper makes a written application to a station agent of a railroad company doing business in this state for cars, to be loaded with any kind of perishable freight such as fruit and vegetables, embraced in the tariff of the company, stating the character of the freight, the kind of cars wanted, and the final destination of the freight, the railroad company shall furnish cars, in the kind and quantity ordered, at the place of shipment, within twenty-four (24) hours from 7:00 p.m. on the day following the application. (2) If refrigerator cars are ordered, they shall be furnished with bunkers well filled with ice, if so ordered by the shipper. (3) When a future date is designated by the shipper on which he or she desires to make a shipment, giving not less than twenty-four (24) hours' notice, computing from 7:00 a.m. on the day following the application, the railroad company shall furnish cars on the day specified in the application. The station agent shall then give the party making the application a receipt showing the date of requisition, the number of cars, and the date the cars are to be furnished. (b) For failure to comply with this section, the railroad companies so offending shall forfeit and pay to the shipper making the application, upon a claim being made in writing, duly verified as to amount of loss, double the damages he or she may have sustained by reason of the failure of the railroad companies to comply with this section and §§ 23-10-404, 23-10-439, and 23-10-440. (c)(1) This section shall not apply to railroads which are not public carriers. (2) This section shall not apply in cases of strikes, wrecks that would hinder delivery of cars at the times and in the manner specified in this section, sudden congestion in traffic, washouts, and other sudden public calamities over which the railroad companies can exercise no control, but the burden shall be on the railroad company to prove the existence of any of these facts in justification of their failure to comply with this section.

Ark. Code Ann. § 23-10-439 Perishable freight — Time for loading — Demurrage charges.

(a) When cars have been delivered to the shipper as provided for by § 23-10-438, he or she shall have twenty-four (24) hours from 7:00 a.m. of the day following the receipt of the cars in which to load cars. (b)(1) After the expiration of the free time as provided for in this section, he or she shall forfeit to the railroad company the sum of five dollars ($5.00) per car per day for each day he or she shall hold the car. (2) If the cars are not used by the shipper within the free time allowed in this section and he or she refuses to pay the five dollars ($5.00) per day provided for in this section, the railroad company may recover the cars and will not be compelled to furnish the shipper any more cars until he or she has fully paid all delinquent damages.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-10-441 Shipper's pass on shipments of livestock or poultry.

(a) When any railroad company or corporation doing business within the limits of this state receives and ships any livestock or poultry by the carload, the company or corporation , in consideration of the price paid for the car, shall pass the shipper or his or her employee to and from the point designated in the contract or bill of lading without further expense to the shipper. (b) Any railroad company or corporation or officer, agent, or employee of any railroad company or corporation failing to comply with this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

Ark. Code Ann. § 23-10-442 Shipments of sheep and hogs.

(a) All railroad companies, private companies, or individuals owning or operating a railroad in the State of Arkansas are required to furnish a sufficient number of double-decked cars for the shipment of sheep or hogs to supply the demand for such cars on their respective lines. They shall allow shippers to load both decks in the cars with sheep or hogs to the aggregate extent of twenty thousand pounds (20,000 lbs.). The cars, when so loaded, shall be received and transported by the railroad companies, private companies, or individuals as one (1) carload of stock. (b) It shall not be lawful for the railroad companies, private companies, or individuals to charge or receive for the transportation of a double-decked car of sheep more than is charged by such companies or individuals for a carload of stock other than sheep. (c) Should any railroad company, private company, or individuals owning or operating a railroad in the State of Arkansas refuse or neglect to furnish double-decked cars as provided in this section, it shall not be lawful for them to charge or receive for the transportation of a car of sheep or hogs more than one-half (½) the rate charged for the shipment of a carload of stock other than sheep or hogs.

Ark. Code Ann. § 23-10-443 Shipments of grain.

(a) All persons and corporations owning or operating a railroad in the State of Arkansas are required to furnish cars and equip them with grain-tight doors for shipment of grain in bulk and by the carload. (b) All persons and corporations owning or operating railroads in this state who furnish cars for shipment of grain in bulk and fail to equip them with grain-tight doors as required by subsection (a) of this section shall be liable for all loss of grain by leakage or loss in weight which shall occur after delivery of a carload of bulk grain to the railroad for shipment.

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

(a) All railroads operating in this state are required to keep and maintain track or railroad scales at all stations or depots where as many as one hundred (100) cars of coal, corn, or cottonseed are received annually by the railroad. (b) The railroads are required, at the request of the consignee of a carload of coal, to properly weigh each and every car after the car has reached its destination. The railroad shall furnish to each consignee, upon request, by a written certificate of the weighman, the correct weight of each carload of coal received by the consignee within one (1) day after the car has reached its destination. (c) No consignee shall be required to pay any freight or other railroad charge until furnished with the weights, nor pay any greater amount of freight than is shown by the certificate. (d) Any railroad in this state failing or refusing to comply with any of the provisions of this section shall be subject to a penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), to be paid to the county in which the point of destination lies, for every failure or refusal to comply with the provisions of this section. Each day upon which it may refuse or fail to comply with this section shall constitute a separate offense.

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

(a) At all stations at which scales are required to be maintained for the weighing of coal, it shall be the duty of the railroad company to properly weigh each car of coal after the car has been loaded and to furnish to each shipper by written certificate of the weighman, within one (1) day after the car has been received by the company, correct weights of each car and of the contents of each car delivered to them by the shipper. (b) The certificate of weight to be given to shippers as provided in subsection (a) of this section shall contain, in addition to the correct weight of the car and its contents, the date of delivery and the number of the car. (c) Any railroad in this state failing or refusing to comply with any of the provisions of this section shall be subject to a penalty of one hundred dollars ($100) to be paid to the county for every failure or refusal. Each day upon which it may refuse or fail to comply with this section shall constitute a separate offense.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.23.htmlFetched: 11/8/2026