1. Whenever any railroad corporation shall fail, neglect or refuse to furnish, within a reasonable time after demand of a station agent, sufficient cars to supply any party desiring to ship property, then such party shall have the right to furnish cars, which shall be switched and hauled to their destination without unreasonable delay or discrimination in any manner between such cars and cars belonging to the corporation or any other person.

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

Terms Used In Missouri Laws 389.310

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Property: includes real and personal property. See Missouri Laws 1.020

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

  Previous section
Next section  
 Chapter 389 Contents