Any common carrier refusing or failing to comply with any of the provisions of Section 58-17-2310 shall forfeit the right to any freight incurred through transportation of such coal or other article or, in the event that such freight shall have been prepaid, shall be liable as a penalty to the consignee for the amount of freight so prepaid, to be recovered by suit in any court of competent jurisdiction.
S.C. Code § 58-17-2320