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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 railroa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-10-103
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2e178b8bf67ccd9684111114839e442688b8ae6b6dd5d60ddf88b73c4194b4f5
Source location: content.xml paragraph 5070
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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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-603. Railroads — Charges to be reasonable and just.
All charges made for any service rendered or to be rendered in the transportation of passengers or property on any railroad in this state, or in connection therewith, or for receiving, delivering, storing, or handling such property shall be reasonable and just. Every unjust and unreasonable charge for such a service is prohibited and declared to be unlawful.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-603
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-4-603. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-707. Rate schedules.
(a) All persons or corporations engaged in the transportation of passengers or property shall and are required to keep posted up at every depot under the control of or in use by those persons or corporations, in a conspicuous place therein, plainly and legibly printed schedules which shall state:
(1) The different kinds and classes of property to be carried;
(2) The different places between which property shall be carried; and
(3) The rate of freight or express charges for carriage between such places and for all services connected with the transportation of such property from the time of its receipt until it is delivered or forwarded.
(b)(1) The schedules shall be posted for at least five (5) days before the schedule shall go into effect, and the schedule shall remain in force until another schedule shall, as aforesaid, be posted.
(2) However, at such points where freight or express are subject to competition by water routes not controlled by this act nor complying with its provisions, the schedule provided for in this section may be posted and go into immediate effect.
(c) Every person or corporation engaged in the transportation of passengers or property shall receive, load, unload, transport, store, and deliver to the consignee of the property any and all of it offered for shipment, whether as freight or express matter, and these services shall be done at and for charges not greater than those specified in the schedule as may at that time be in force. The person or corporation shall, on demand, issue to shippers duplicate freight or express receipts which shall state the class of freight shipped, the weight, and the charges.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-707
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-4-707. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-710. Discrimination in passenger or freight rates or services prohibited.
(a) It shall be unlawful for any person or corporation engaged alone or associated with others in the transportation of passengers or property by railroad in this state, as freight or express, directly or indirectly, to demand or receive from any person, firm, company, or corporation any greater or lesser rate or amount of compensation than is demanded or received from any other person, firm, company, or corporation for substantially similar and contemporaneous services. Nor shall any person or corporation allow any person, firm, company, or corporation, directly or indirectly, any rebate, drawback, or other advantage in any form, or to make any preference in furnishing cars or motive power.
(b) All persons or corporations engaged as specified in subsection (a) of this section shall furnish, without discrimination or delay, equal and sufficient facilities for the transportation of passengers, the receiving, loading and unloading, storing, carriage, and delivery of all property of a like character carried by him or her, them, or it. The persons or corporations shall perform, with equal expedition and at uniform rates, the same kind of services connected with the contemporaneous transportation of passengers or property as aforesaid.
(c) It shall be unlawful for any person or corporation engaged as specified in subsection (a) of this section to enter into any contract or agreement by changes of schedule, use of different cars, or any other means or device with intent to delay or prevent the shipment of such property from being continuous from the place of shipment to the place of destination, whether carried on one (1) or more railroads.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-710
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-4-710. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-711. Contracts for pooling freight or dividing revenues prohibited.
It shall be unlawful for any person or corporation engaged in the transportation of passengers or property, as mentioned in § 23-4-710, to make or enter into any contract, agreement, or combination, directly or indirectly, for the pooling of freight, or to pool the freight of the different railroads or lines by dividing between them the gross or net earnings of those railroads or any part thereof, or by equalizing, evening up, or dividing the property or passengers carried by those railroads.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-711
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-4-711. This identifies an authority to review, not proof of applicability.