
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11704]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
     CHAPTER 117--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
 
Sec. 11704. Rights and remedies of persons injured by rail 
        carriers
        
    (a) A person injured because a rail carrier providing transportation 
or service subject to the jurisdiction of the Board under this part does 
not obey an order of the Board, except an order for the payment of 
money, may bring a civil action in a United States District Court to 
enforce that order under this subsection.
    (b) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part is liable for damages 
sustained by a person as a result of an act or omission of that carrier 
in violation of this part. A rail carrier providing transportation 
subject to the jurisdiction of the Board under this part is liable to a 
person for amounts charged that exceed the applicable rate for the 
transportation.
    (c)(1) A person may file a complaint with the Board under section 
11701(b) of this title or bring a civil action under subsection (b) of 
this section to enforce liability against a rail carrier providing 
transportation subject to the jurisdiction of the Board under this part.
    (2) When the Board makes an award under subsection (b) of this 
section, the Board shall order the rail carrier to pay the amount 
awarded by a specific date. The Board may order a rail carrier providing 
transportation subject to the jurisdiction of the Board under this part 
to pay damages only when the proceeding is on complaint. The person for 
whose benefit an order of the Board requiring the payment of money is 
made may bring a civil action to enforce that order under this paragraph 
if the rail carrier does not pay the amount awarded by the date payment 
was ordered to be made.
    (d)(1) When a person begins a civil action under subsection (b) of 
this section to enforce an order of the Board requiring the payment of 
damages by a rail carrier providing transportation subject to the 
jurisdiction of the Board under this part, the text of the order of the 
Board must be included in the complaint. In addition to the district 
courts of the United States, a State court of general jurisdiction 
having jurisdiction of the parties has jurisdiction to enforce an order 
under this paragraph. The findings and order of the Board are competent 
evidence of the facts stated in them. Trial in a civil action brought in 
a district court of the United States under this paragraph is in the 
judicial district--
        (A) in which the plaintiff resides;
        (B) in which the principal operating office of the rail carrier 
    is located; or
        (C) through which the railroad line of that carrier runs.

In a civil action under this paragraph, the plaintiff is liable for only 
those costs that accrue on an appeal taken by the plaintiff.
    (2) All parties in whose favor the award was made may be joined as 
plaintiffs in a civil action brought in a district court of the United 
States under this subsection and all the rail carriers that are parties 
to the order awarding damages may be joined as defendants. Trial in the 
action is in the judicial district in which any one of the plaintiffs 
could bring the action against any one of the defendants. Process may be 
served on a defendant at its principal operating office when that 
defendant is not in the district in which the action is brought. A 
judgment ordering recovery may be made in favor of any of those 
plaintiffs against the defendant found to be liable to that plaintiff.
    (3) The district court shall award a reasonable attorney's fee as a 
part of the damages for which a rail carrier is found liable under this 
subsection. The district court shall tax and collect that fee as a part 
of the costs of the action.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
846.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11705 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
    A prior section 11704, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1451, 
related to actions by private persons to enjoin abandonment of service, 
prior to the general amendment of this subtitle by Pub. L. 104-88, 
Sec. 102(a).

                  Section Referred to in Other Sections

    This section is referred to in section 11705 of this title.
