Bills of Lading and Loss and Damage Claims. Hearing ... on H.R. 12773 ... May 10, 1928 |
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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 consignee day when notice delay in transit disallowed the claim due to carelessness filing of claims four months giving notice Industrial Traffic League injury complained institution of suits interstate commerce act Interstate Commerce Commission language legislation liability livestock loaded or unloaded loss and damage loss or damage March 29 merchant months on export National Industrial Traffic negligence proviso nine months notice of claim Pennsylvania Railroad period for giving period for institution precedent to recovery present bill provide by rule Provided further receipt or bill section 20 shorter period six months statute of limitations take advantage three-year period transportation company unlawful WALTER H writing is given
Populära avsnitt
Sida 3 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State 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, and no contract, receipt, rule, or...
Sida 10 - Provided, however, That if the loss, damage or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.
Sida 4 - 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 10 - Provided further, That it shall be unlawful for any such receiving or delivering common carrier to provide by rule, contract, regulation, or otherwise a shorter period for the filing of claims than nine months, and for the Institution of suits than two years...
Sida 4 - 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 4 - ... thereof specified in the notice: 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 and not a carrier performing merely a switching service at the point of destination : 8i0.
Sida 10 - ... from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice.
Sida 4 - ... 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 3 - 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...
Sida 3 - 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...