389.310. Upon failure to furnish cars, shippers may furnish them--penalty for failure to return. - Missouri Statutes

Upon failure to furnish cars, shippers may furnish them--penalty forfailure to return.

389.310. 1. Whenever any railroad corporation shall fail,neglect or refuse to furnish, within a reasonable time afterdemand of a station agent, sufficient cars to supply any partydesiring to ship property, then such party shall have the rightto furnish cars, which shall be switched and hauled to theirdestination without unreasonable delay or discrimination in anymanner between such cars and cars belonging to the corporation orany other person.

2. Any party furnishing cars as aforesaid shall pay to therailroad corporation a reasonable compensation for the servicerendered, and in case an agreement cannot be reached as to suchcompensation, the motor carrier and railroad safety division of thedepartment of economic development shall fix the same, and when suchcompensation has been so fixed, it shall be prima facie evidencethat the same is reasonable.

3. Any railroad company failing or refusing to transport andreturn the cars furnished by said party or corporation mentionedin this section, shall pay to the party or corporation aggrievedthe sum of five hundred dollars for each and every such offense,together with a reasonable attorney's fee, to be recovered bycivil action in any court of competent jurisdiction, and everyday of such refusal on the part of any railroad company totransport and return such cars as aforesaid after demand is made,shall be deemed a separate offense.

(RSMo 1939 § 5230)

Prior revisions: 1929 § 4773; 1919 § 9961; 1909 § 3160

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008