Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-10-430 Recovery of demurrage, forfeitures, and charges
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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
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(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 23-1…
Ark. Code Ann. § 23-10-432 Duty to furnish cars — Reasonable time for requesting cars
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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, …
Ark. Code Ann. § 23-10-433 Exceptions to duty to furnish or exchange cars
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(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 compan…
Ark. Code Ann. § 23-10-434 Liability for failure to furnish or exchange cars — Exceptions
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(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 f…
Ark. Code Ann. § 23-10-435 Liability for cars of another railroad
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(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 th…
Ark. Code Ann. § 23-10-436 Penalty for gross negligence in not furnishing or exchanging cars — Fee of prosecuting attorney
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(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…
Ark. Code Ann. § 23-10-437 Intrastate freight — Rules
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(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 con…
Ark. Code Ann. § 23-10-438 Perishable freight — Duty to furnish cars — Exceptions — Penalty
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(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 fr…
Ark. Code Ann. § 23-10-439 Perishable freight — Time for loading — Demurrage charges
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(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 se…
Ark. Code Ann. § 23-10-440 Forwarding perishable freight — Penalty for failure
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(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 ladin…
Ark. Code Ann. § 23-10-441 Shipper's pass on shipments of livestock or poultry
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(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…
Ark. Code Ann. § 23-10-442 Shipments of sheep and hogs
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(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. …
Ark. Code Ann. § 23-10-443 Shipments of grain
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(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 sta…
Ark. Code Ann. § 23-10-444 Shipments of coal, corn, or cottonseed — Duty to weigh and furnish correct weight to consignee — Penalty
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(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 reques…
Ark. Code Ann. § 23-10-445 Shipments of coal — Duty to weigh loaded cars prior to shipment and issue certificate of weight — Penalty
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(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 …