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23-10-439. Perishable freight — Time for loading — Demurrage charges.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-439
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:23-10-439
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ac033317414987cb723eea8f860cebb8d40c28ee421458847000918472e5725b
Source location: content.xml paragraph 5829
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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.
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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.