Bills of Lading and Loss and Damage Claims: Hearing Before a Subcommittee of the Committee on Interstate and Foreign Commerce, House of Representatives, Seventieth Congress, First Session on H.R. 12773, a Bill to Amend Paragraph 11 of Section 20 of the Interstate Commerce Act as Amended, May 10, 1928U.S. Government Printing Office, 1928 - 19 sidor |
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11 of section 90 days action accrued adjacent foreign country agreed ALLEN ambulance chaser amendment of March bill of lading bring suit carelessness or negligence carrier has disallowed carrier to provide cause of action Central Vermont Railroad Chairman claim agent claim promptly claimant Cummins amendment day when notice delay in transit disallowed the claim filing of claims four months giving notice House of Representatives Industrial Traffic League injury complained institution of suits interstate commerce act Interstate Commerce Commission language legislation liability livestock loading or unloading loss and damage loss or damage merchant National Industrial Traffic negligence proviso nine months notice of claim OLGER Pennsylvania Railroad period for giving period for institution precedent to recovery present bill Provided further receipt or bill ROBERT CROSSER section 20 shorter period six months statute of limitations subcommittee three-year period transportation company WALTER H writing is given York
Populära avsnitt
Sida 1 - States to a point in an adjacent foreign country shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad or transportation company to which such property may be delivered or over whose line or lines such property may pass...
Sida 2 - ... to property, except ordinary livestock, received for transportation concerning which the carrier shall have been or shall hereafter be expressly authorized or required by order of the Interstate Commerce Commission to establish and maintain rates dependent upon the value declared in writing by the shipper or agreed upon in writing as the released value of the property...
Sida 2 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Sida 1 - ... full actual loss, damage, or injury to such property caused by it or by any such common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the United States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery...
Sida 2 - Provided, however, That the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation or agreement or release as to value...
Sida 2 - And provided further, That for the purposes of this paragraph and of paragraph (12) the delivering carrier shall be construed to be the carrier performing the line-haul service nearest to the point of destination...
Sida 2 - ... period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.
Sida 2 - Provided further, That it shall be unlawful for any such common carrier to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of claims than ninety days and for the filing of claims for a shorter period than four months, and for the institution of suits than two years...
Sida 1 - States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement, as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission ; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void...
Sida 1 - Act receiving property for transportation from a point in one state or territory or the District of Columbia to a point in another state, territory, District of Columbia, or from any point in the United States to a point in an adjacent foreign country shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage or injury to such property...