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§ 23-10-401. Definition for §§ 23-10-432 — 23-10-437 and 23-12-605

As used in §§ 23-10-432 — 23-10-437 and 23-12-605, unless the context otherwise requires, “shipper” means any person, firm, or corporation tendering freight for shipment and any consignor or consignee of any bill of lading, or other person, firm, or corporation having the right of a consignor or consignee.

§ 23-10-402. Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431

As used in §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431, unless the context otherwise requires, “railroad company”, “railroad companies”, or “carrier” means all corporations, companies, or individuals which own or operate any railroad in this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver, and their officers and agents.

§ 23-10-407. Reasonable rules for transportation of freight permitted

(a) It shall be lawful for railroads to prescribe rules for the transportation of merchandise, livestock, and other freight that are reasonable and not inconsistent with the common law or statutory duties and liabilities of railroads as common carriers. (b) The reasonableness or unreasonableness of the rules shall be determined by a jury in all […]

§ 23-10-408. Contracts or rules abridging liability of railroad void

(a) It shall be unlawful for any railroad or any of its agents or employees to enter into an agreement or contract with any shipper of any livestock, merchandise, or other freight for the purpose of abridging, modifying, limiting, or abrogating the statutory and common law duties and liabilities of the railroad as a common […]

§ 23-10-409. Free or reduced rate transportation permitted

Nothing in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-410 — 23-10-431 shall be so construed as to prohibit any person or corporation operating a railroad in this state from transporting, delivering, or storing freight free of charge or at reduced rates for any city, county, or town government, or for any state […]

§ 23-10-412. Demurrage charges generally

All carload freight or freight carried at carload rates and all freight in cars, whether full carload or not, taking track delivery shall be subject to the demurrage or car service charges prescribed in §§ 23-10-413 — 23-10-431.

§ 23-10-413. Duty to furnish cars to shipper

(a) (1) When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any kind of freight embraced in the tariff of the company, stating in the application the character of the freight and its final destination, the railroad company shall furnish the cars at […]

§ 23-10-414. Duty to furnish cars — Interstate railroads

Interstate railroads shall furnish cars upon application for interstate shipments the same in all respects as other cars are to be furnished by intrastate railroads under the provisions of this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-413, and 23-10-415 — 23-10-431.

§ 23-10-415. Duty to exchange and return cars

(a) (1) It shall be the duty of every railroad company in this state to exchange loaded and empty cars in the transportation of freight, for the purpose of facilitating freight movement, with every other railroad with which the railroad connects forming any part of the route for the shipment of the freight or with […]

§ 23-10-416. Loading of cars generally

(a) (1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge of not more than […]

§ 23-10-417. Cars detained for fault of shipper — Demurrage charges

(a) (1) Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive loading when the loading is done by the shipper shall be subject to a demurrage charge of five dollars ($5.00) per car per day or fraction of a day the cars […]

§ 23-10-418. Receipt and transport of freight — Time restraints

(a) When freight in carloads or less is tendered to a railroad company and correct shipping instructions are given, the railroad agent must immediately receive the freight for shipment and issue bills of lading for it. (b) (1) Whenever shipments have been received as provided in subsection (a) of this section by any railroad company, […]

§ 23-10-419. Delivery of freight

(a) Railroad companies shall deliver freight at their depots or warehouses or, in cases of shipments for track delivery, shall place loaded cars at an accessible place for unloading within twenty-four (24) hours after arrival, computing from 7:00 a.m. of the day following arrival of the cars. However, carload shipments for track delivery at local […]