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2017 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities and Carriers
Chapter 10 - Transportation of Passengers and Freight Generally
Subchapter 3 - Freight -- Carriers Generally
§ 23-10-304. Goods damaged in intrastate transit
Universal Citation: AR Code § 23-10-304 (2017)
- (a) All railway companies, their assignees or lessees, and all other common carriers who receive goods for shipment at points within this state to be delivered at other points within this state and all railway companies and other common carriers, their assignees or lessees, who deliver goods, wares, and merchandise to persons at points within this state are made liable for all damages to the goods, wares, and merchandise, to the consignee or his or her legal representative.
- (b) All damages to goods, wares, or merchandise may be collected from the agent at the point of destination, if the consignee or his or her legal representative presents to the agent of the railway company or other common carrier an itemized statement giving a clear description of the property damaged and the amount of damage to each item or article so damaged, verified by affidavit, within ten (10) days from the time the goods are received.
- (c)
- (1) If, after the consignee has made out and presented his or her itemized statement as required by subsection (b) of this section, the railway company or other common carrier or its agent at the point of destination fails or refuses to pay the claim for loss or damage within thirty (30) days after demand, the consignee of the goods, wares, or merchandise so damaged may enter suit against the railway company or other common carrier, their assignees, or lessees, for his or her loss or damage.
- (2) If he or she recovers in the action against the railway company, its assignees, or lessees, a judgment equal to the amount stipulated in the affidavit of claim, the court or jury trying the cause shall render a verdict or judgment for treble the amount of the claim for his or her damage or loss.
- (d) Any person who makes a false affidavit under subsection (b) of this section, or who swears falsely to any item or material fact upon which suit may be based, shall be deemed guilty of perjury and shall be punished according to the laws now governing such a crime.
- (e) Nothing in this section shall be so construed as to conflict with or repeal any law now in existence or in any way change the manner of procedure in actions for damages.
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