Title 46, Chapter 2, Section 90
( 46-2-90)
If any company under the jurisdiction of the commission does, causes
to be done, or permits to be done any act which is prohibited,
forbidden, or declared to be unlawful, or fails to do any act which
is required either by a law of this state or by an order of the
commission, such company shall be liable to the persons affected
thereby for all loss, damage, or injury caused thereby or resulting
therefrom. An action to recover for such loss, damage, or injury may
be brought in any court of competent jurisdiction by any such
person. In case of recovery, if the jury finds that such act or
failure to act was willful, it may fix a reasonable attorney's fee,
which shall be taxed and collected as part of the costs of the case. |