§ 23-10-209 - Baggage generally.
23-10-209. Baggage generally.
(a) As used in this section, unless the context otherwise requires, "baggage" includes whatever a passenger upon any carrier of passengers takes with him or her, for personal use and convenience, with reference to the immediate necessities or of the journey, and shall also include such samples of goods, wares, and merchandise as may be necessary to be carried for display by commercial salesmen, and shall include theatrical costumes and effects when the samples, costumes, or effects are enclosed in trunks and similar receptacles.
(b) (1) All carriers of passengers in this state shall transport and carry any passengers' baggage weighing not more than one hundred fifty pounds (150 lbs.) free of charge.
(2) Where the weight of the baggage is in excess of one hundred fifty pounds (150 lbs.), the carrier shall charge and receive such excess for a fee of not more than twelve and one-half percent (121/2%) of the purchase price of the ticket or fare purchased and paid for by the passenger per one hundred pounds (100 lbs.) or fraction thereof, but in no case shall the charge for the excess be less than twenty-five cents (25cent(s)) on the same train or boat upon which the passenger shall travel and within a reasonable time thereafter.
(c) The baggage shall be tendered to the carrier at least thirty (30) minutes before the arrival of the train or boat. The carrier shall deliver the baggage in good condition with due diligence to the passengers at destination.
(d) (1) Any railroad company or other common carrier failing to comply with any of the requirements of subsections (b) and (c) of this section shall be liable to the persons aggrieved thereby for the actual damages caused by the failure to comply.
(2) In addition to the actual damages, the carrier shall be liable for a penalty not exceeding one hundred dollars ($100) for each and every failure to comply with any of the provisions of subsections (b) and (c) of this section.
(3) The penalty may be recovered and collected, together with the actual damages, by a civil suit in any court having jurisdiction.