Title 58, Public Utilities, Services and Carriers

If any such common carrier shall prove that no delay in violation of this chapter occurred in the transportation of such freight after receipt thereof by it, that it extended the notice that prompt shipment was required to its connecting line and that, by the exercise of due dili…

Any such common carrier shall, within ten days after demand in writing therefor by any consignee of delayed freight or the owner or holder of the bill of lading, furnish a statement in writing, specifying the date of its receipt of such freight, the cause of delay and the name of…

Any baggage master or other person whose duty it is to handle, remove or take care of the baggage of passengers who shall wilfully or recklessly injure or destroy any trunk, valise, box, package or parcel while loading, transporting, unloading, delivering or storing it shall be p…

No public notice or declaration shall limit or in any way affect the liability at common law of common carrier for or in respect of any goods to be carried by them but they shall be liable, as at common law, to answer for the loss of or injury to any articles and goods delivered …

In every case of loss, damage, destruction or failure to deliver any property by a common carrier shipped over its line or any connecting line, the initial, every intermediate and the terminal carrier, upon notice of such loss, damage, destruction or failure to deliver, shall wit…

Only one penalty shall be recoverable under the provisions of Section 58-13-220 upon the same cause of action.

All common carriers for transportation, over whose lines or parts thereof any freight, baggage or other property received by another such carrier for through shipment or transportation by such carriers on a contract for through carriage recognized, acquiesced in or acted upon by …

For any damages for injury or damage to, or loss or delay of, any freight, baggage or other property sustained anywhere in such through transportation over connecting lines, or any of them, as defined in Section 58-13-240, any of such connecting carriers which the person sustaini…

If any common carrier shall convert and appropriate to its own use any property of another held by it on consignment or in course of transportation, it shall be liable to the consignee or other owner of such property, not only for the value of such property, but for an additional…

Common carriers doing business in this State with whom a claim has been filed for loss of, or damage to, freight, when the carrier denies liability, or fails to notify claimant of its disposition of claims as required by law, shall return to the claimant with the letter or statem…

Nothing in Section 58-13-270 shall be construed to affect any other rights that the claimant may have against the carrier arising from its failure to return promptly any or all of such papers.

Whoever fraudulently evades or attempts to evade the payment of any toll or fare, lawfully established, for the carrying of passengers, by giving a false answer to the collector of the fare, by traveling beyond the point to which fare has been paid or otherwise attempting to ride…

The provisions of Section 58-13-30 and of Articles 3, 5, 7, 9 and 13 of this Chapter, other than Sections 58-13-270 and 58-13-280 shall not apply to any common carriers by water routes.

All persons hauling, moving, transporting or carrying goods or chattels from place to place in this State or from a point without this State into this State shall have a lien on such goods or chattels to the extent of such carrying charges as have been agreed upon or, in case no …

Each such common carrier shall inform any consignee or consignees of the correct amount due for freight, according to such classifications and rates. And upon payment or tender of the amount due on any shipment or on any part of any shipment which has arrived at its destination, …

All common carriers doing business in this State shall settle their freight charges according to the rate stipulated in the bill of lading if the rate therein stipulated be in conformity with the classifications and rates made and filed with the Interstate Commerce Commission, in…

Every claim for freight overcharged or for loss of or damage to property and baggage while in the possession of such common carrier shall be adjusted and paid within thirty days, in the case of shipments wholly within this State, and within forty days, in case of shipments from w…

All common carriers doing business in this State and making collections on C. O. D. shipments for shippers or other persons designated by the shipper shall pay over to such shipper or person designated by such shipper the returns or moneys collected on C. O. D. shipments within f…

Any railroad, steamboat, express or other transportation company which shall have had unclaimed or refused freight, not perishable, in its possession for a period of sixty days in the case of unclaimed freight or thirty days in the case of refused freight, may, after having given…

In case such refused or unclaimed freight shall be in its nature perishable, then in order to protect the interests of all concerned, it may be sold as soon as it can be. The proceeds of such sale shall be applied to the charges of transportation, storage and demurrage on such fr…

In case such refused or unclaimed freight is livestock, then, in order to protect the interests of all concerned, it may be sold after ten days' notice in writing to the consignor and the consignee, when known, by United States mail or otherwise. The proceeds of such sale shall b…

Such railroad, steamboat, express or transportation company shall keep books of record of all such sales as aforesaid containing copies of such notices, proofs of advertisements and postings when required to be made, affidavits of sale, with the amount thereof, the total amount o…

By the words "explosive compound," as used in this article, shall be understood gun cotton or nitroglycerine or any other compound of either thereof, and fulminate or, generally, any substance intended to be used, by exploding or igniting it, to produce a force to propel missiles…

No person shall deliver for transportation to any railroad corporation, or other person engaged in the transportation of passengers within this State or take or place upon or in any car, boat or other vehicle of any such corporation or person, with intent that it shall be carried…

No railroad corporation or other person engaged in the transportation of passengers within this State shall knowingly transport within the territorial limits of this State or transport into such limits, for sale, storage or use therein, any explosive compound in quantities exceed…

A person who knowingly violates, causes, or permits the violation of any provision of this article, or knowingly transports, causes, or permits the transportation of any explosive compound in any manner other than in conformity with the rules made by the commission, is guilty of …

Upon complaint made under oath to a magistrate that the complainant has probable cause to believe, and does believe, that an explosive compound is had, kept or to be found in any city, town or other place within the jurisdiction of such magistrate by any railroad corporation, con…

Any explosive compound had, kept or transported contrary to the provisions of this article and seized under Section 58-13-750 may be adjudged forfeited after due notice and hearing and may be ordered to be destroyed in such manner as the court or magistrate may direct.

Any person who shall suffer injury by the explosion of any explosive compound while it is being kept or transported contrary to the provisions of this article or the ordinances, rules or bylaws made in conformity thereto may recover damages for the injury thus sustained in an act…

Upon the application of the superintendent or manager of a railway or other common carrier doing business in this State, the Governor shall certify special officers or constables for the protection and safety of all property and interest of the common carrier, if the officers and…

Such special officers or constables shall have all the powers, duties and responsibilities of deputy sheriffs and other police officers, and their commissions shall continue so long as they are employed in such capacity by the railway or other common carrier. But the Governor sha…

Each special officer or constable appointed under the provisions of this chapter shall be required to enter into a good and sufficient bond in the sum of five hundred dollars, conditioned for the faithful performance of his duties, such bond to be approved by the Attorney General…

Nothing herein shall limit the liability of any common carrier for any trespass or tort of such special officer or constable.

Three or more persons desiring to form themselves into a corporation for the purpose of building and operating a railroad or for the purpose of carrying on a street railway, steamboat or canal business may file with the Secretary of State a written declaration and petition, signe…

The charter of any such corporation shall be recorded in the office of the register of deeds or clerk of the court in each county in which such corporation shall have a business office. In case of street railway and steamboat companies, such charter shall be recorded in the offic…

No irregularity in complying with the provisions of Sections 58-15-10 to 58-15-100 shall be held to vitiate the corporation until a direct proceeding to set aside and annul the charter be instituted by the proper authority of the State and all acts done and contracts entered into…

It shall be unlawful for any railroad corporation doing business in this State or any officer, agent or employee thereof to do herein any act which constitutes a violation of the act of Congress entitled "An Act to Regulate Commerce," or the acts amendatory thereof, or any order …

Every violation of the provisions of Section 58-15-1110 shall equally be held to have been committed in the county in which such act is finally carried out or in which any illegal charge is collected, as well as that in which the act or charge is ordered or agreed upon or any ste…

Every person taking part in any such violation in any way, even in carrying out the orders of superior officers or in collecting the proceeds of any illegal charge, shall be equally guilty of a violation of Section 58-15-1110.

Each act done in violation of such Act to Regulate Commerce, its amendments or orders of said commission, and each separate failure to obey the same or discrimination, preference, or overcharge to each separate person shall constitute, both as to the railroad company offending or…

Upon the issuance of a charter by the Secretary of State, the board of incorporators shall turn over to the proper officers of the corporation all subscription lists or other papers they have taken as incorporators and all such papers shall be as valid as if taken and made by the…

A railroad, street railway or canal company organized under this chapter shall be deemed to have waived its charter rights, franchises and privileges unless it shall begin the construction of the proposed road within two years from the date of the issuance of its charter and comp…

No capital stock shall be issued by any corporation organized under this chapter until the subscription price therefor has been fully paid, except when, by the terms of the petition, the capital stock is to be paid for in installments and payment of the deferred portion has been …

A railroad corporation may issue common stock in shares having no par value on stating in its declaration and petition the number of such shares to be issued in lieu of the par value thereof and the minimum and maximum amount thereof.

The Public Service Commission may provide such rules and regulations with reference to the crossing of railroad tracks by public highways as in its judgment will be conducive to the public safety.

The commission upon petition may request the Office of Regulatory Staff to investigate crossings and may require that any necessary crossing be made either above or below grade, so as to avoid, as far as possible, any grade crossings.