Section 49-16A-35 - Suit on claim--Interest--Attorney fee--Remedy cumulative. - South Dakota Statutes

49-16A-35. Suit on claim--Interest--Attorney fee--Remedy cumulative. If any claim described in § 49-16A-34 is not adjusted and paid within the time limited by § 49-16A-34, the railroad is liable for interest at the current maximum usury rate allowed by law from the date of the filing of the claim and may also be liable for a reasonable attorney fee at the court's discretion, all to be recovered by the shipper or other person in interest, in any court of competent jurisdiction. In bringing suit for the recovery of any such claim for loss or injury, if the shipper or other person in interest fails to recover a judgment in excess of the amount that may have been tendered in an effort to make settlement of the claim by the railroad, then such shipper or person in interest shall not recover the interest or attorney fee provided for in this section. The remedy afforded by this section is cumulative to any other provided by law.

Source: SDC 1939, § 52.0251; SDCL, § 49-5-30; SL 1980, ch 322, § 35.