Each railroad company in this State shall, at its terminus or any intermediate station, be required to switch off and deliver to any connecting road having the same gauge, in the yard of the latter, all cars passing over its lines, or any portion of them, containing goods or freights consigned, without rebate or deception, by any route, at the option of the shipper, according to customary or published rates, to any point over or beyond such connecting road. Any failure to do so with reasonable diligence shall render the railroad company so failing liable to the owner or consignee for all damages that may result therefrom with interest and all costs and disbursements. Should the defendant in any suit brought under this section set up as a defense that the plaintiff has accepted a rebate, or practiced fraud or deception touching the rate, it shall be a complete reply to such defense if the plaintiff can prove that defendant or its agents has allowed a rebate or rebates, or practiced like fraud or deception, from the same competing points against the rival line.
HISTORY: 1962 Code Section 58-1161; 1952 Code Section 58-1161; 1942 Code Section 8316; 1932 Code Section 8316; Civ. C. '22 Section 4863; Civ. C. '12 Section 3184; Civ. C. '02 Section 2101; R. S. 1662; 1887 (19) 822.