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23-10-404. Remedies in §§ 23-10-438 — 23-10-440 cumulative.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-404
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:23-10-404
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9ee695569a067c38d95efb305c963675f96733a4572863a01fecde6234b039b9
Source location: content.xml paragraph 5430
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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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-438
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 23-10-438. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-440
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 23-10-440. This identifies an authority to review, not proof of applicability.