§ 23-10-436 - Penalty for gross negligence in not furnishing or exchanging cars -- Fee of prosecuting attorney. - Arkansas Statutes

23-10-436. Penalty for gross negligence in not furnishing or exchanging cars -- Fee of prosecuting attorney.

(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 23-10-401, 23-10-432 -- 23-10-437, and 23-12-605 or to transport or deliver the cars within the time prescribed by the commission as to freight carried between points wholly within this state, or if not so prescribed, then within a reasonable time, shall, in addition to other liabilities provided for in 23-10-401, 23-10-432 -- 23-10-437, and 23-12-605 forfeit to the State of Arkansas, for each of the violations, not less than one dollar ($1.00) nor more than one hundred dollars ($100).

(2) Each day of failure or neglect as to each car which the railroad company by willful or gross negligence fails or refuses to furnish or exchange shall be treated as a separate offense.

(b) (1) Penalties are to be recovered in an action instituted by the Arkansas Transportation Commission [abolished] through the prosecuting attorney of the proper district.

(2) No such suit shall be dismissed or compromised without the consent of the court and the commission.

(3) (A) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.

(B) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the commission may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court, not to exceed twenty-five percent (25%) of the amount collected, and in such case the prosecuting attorney shall not interfere.