(1) When cars have been delivered to the shipper as provided for by § 23-10-438, he or she shall have twenty-four (24) hours from 7:00 a.m. of the day following the receipt of the cars in which to load cars.
(2) After the expiration of the free time as provided for in this section, he or she shall forfeit to the railroad company the sum of five dollars ($5.00) per car per day for each day he or she shall hold the car.
(3) If the cars are not used by the shipper within the free time allowed in this section and he or she refuses to pay the five dollars ($5.00) per day provided for in this section, the railroad company may recover the cars and will not be compelled to furnish the shipper any more cars until he or she has fully paid all delinquent damages.