§ 23-10-431 - Actions for damages for violations of 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431 -- Limitation.
23-10-431. Actions for damages for violations of 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431 -- Limitation.
(a) In all actions at law against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state, for the violation of the provisions of 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431 regulating the transportation of freight, or in case any person or corporation, as defined in 23-10-402, engaged as aforesaid shall not do or permit to be done any act, matter, or thing required to be done in 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431, the person or corporation shall be held to pay to the person, firm, or corporation injured thereby the actual amount of damages so sustained, to be recovered by the person, firm, or corporation so damaged, in any court having jurisdiction of the amount where the person or corporation causing the damage can be found or has an agent or place of business.
(b) (1) No such action shall be sustained unless brought within one (1) year after the cause of action accrued, or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. However, no railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state shall have a right of action against any person, firm, or corporation when the person, firm, or corporation shall violate the provisions of any part of 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431 unless the suit is instituted within one (1) year of the violation.
(2) No action shall be brought after two (2) years from the time the right of action accrues.
(c) As many causes of action as may have accrued within the year to any one (1) person, firm, or corporation, including damages, forfeitures, demurrage, etc., may be joined in the suit or complaint.