Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-10-436. Failure to furnish or exchange cars--Penalties

(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 this section and §§ 23-10-401, 23-10-432 -- 23-10-435, 23-10-437, and 23-12-605 or to transport or deliver the cars within the time prescribed by the Arkansas Department of Transportation 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 this section and §§ 23-10-401, 23-10-432 -- 23-10-435, 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 department 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 department.