Any such common carrier failing to comply with the provisions of § 58-13-110, except for good and sufficient cause the burden of proof of which shall be on the common carrier so failing, shall be subject, in addition to the liabilities and remedies otherwise existing for unreasonable delay in the transportation of freight, to a penalty of five dollars per day for every day of delay in excess of the time limited, to be recovered by any cosignee who may be injured in any way by such delay or by the owner or holder of the bill of lading in any court of competent jurisdiction. But the sum of the penalty recovered shall not exceed the value of the goods and transportation charges thereon.