If any person having lawful claims upon any railroad corporation for overcharge for freight or passage, or for injury or loss of merchandise, or for damage by unlawful or unwarrantable delay in the transportation or delivery of merchandise, or for injury to the person, or for the refusal to transport or deliver persons or property, shall give written notice of the same, addressed to the president or treasurer or master of transportation of the corporation, and delivered to either of the officers or to any agent having charge of any depot of the corporation, fourteen (14) days previous to commencing suit for the same, and if the corporation neglects or refuses to pay the lawful claim, then the complainant, if he or she recovers more than the amount, if any, tendered by the corporation, shall also recover reasonable compensation for the services of his or her counsel, to be allowed by the court in addition to the actual damage; and if a less amount shall be recovered, then a reasonable allowance shall be made by the court for the services of the counsel of the corporation, to be taxed in addition to and to be allowed with the defendant‘s costs as now taxed and allowed by law.