Motor carriers to furnish correct rates on written request--penaltyand damages for failure.
387.060. 1. It shall be the duty of every motor carrier doing anintrastate business within this state, upon written request therefor, byany person who is a bona fide prospective shipper or receiver of householdgoods or who has a bona fide interest therein, made upon any general orlocal freight or station agent of such carrier, by any person, firm orcorporation, to furnish and give a written statement of the rate or chargeapplicable to a described shipment between stated points or places in thisstate under the schedule or tariffs to which such carrier is a party,within a reasonable time; and if such carrier shall refuse or omit to givesuch statement within a reasonable time, or shall misstate in writing theapplicable rate, and if the person, firm or corporation making such requestsuffers in consequence of such refusal or omission or in consequence of themisstatement of the rate, either through making the shipment over a routefor which the proper rate is higher than the rate over another availableroute, or through entering into any sale, purchase or contract whereundersuch person, firm or corporation obligates himself, themselves or itself,or becomes obligated to make or receive such shipment of household goods athis, their or its cost, then the said carrier shall be liable pursuant tothe provisions of sections 390.156 to 390.176, RSMo, and be recovered in acivil action by the division of motor carrier and railroad safety,and shall also be liable to the person, firm or corporation injured asaforesaid for the amount of such injury, together with six percentinterest thereon from the date of such injury, and with a reasonableattorney's fee; provided, that no such liability shall be discharged bysuch carrier unless the same be approved by the division as being freefrom any attempt or purpose to evade any other law of this state; andprovided further, that, if during the course of any action upon suchliability to the person injured, it shall appear to the satisfaction of thecourt or jury trying any such cause, that the parties have combined oragreed to obtain or allow any undue advantage or rebate or preference tosuch injured person, upon a finding to that effect, such cause shall bedismissed and the dismissal and finding reported by said court to thedivision. Such dismissal shall be taken and deemed a final judgment,and appeal may be taken therefrom or from any other judgment in anysuch cause the same as in other civil cases.
2. No carrier making any settlement or payment upon the approval ofthe division or pursuant to a judgment or order of court under this sectionshall be liable for any penalty or forfeiture or subject to any prosecutionunder any other law of this state on account of the said payment orsettlement.
3. The division may require from any person, firm or corporation anyinformation deemed by the division necessary to the determination of thequestion whether it shall give its approval to any such claim, and if thesame be refused by the injured person, may decline said claim, and it shallnot be sued upon thereafter; if such information be refused or requesttherefor be evaded or the search for information by the division be madedifficult by the carrier, the division shall endorse such fact on saidclaim and it shall thereafter support an action as if approved by thedivision.
Motor carriers to furnish correct rates on written request--penaltyand damages for failure.
387.060. 1. It shall be the duty of every motor carrier doing anintrastate business within this state, upon written request therefor, byany person who is a bona fide prospective shipper or receiver of householdgoods or who has a bona fide interest therein, made upon any general orlocal freight or station agent of such carrier, by any person, firm orcorporation, to furnish and give a written statement of the rate or chargeapplicable to a described shipment between stated points or places in thisstate under the schedule or tariffs to which such carrier is a party,within a reasonable time; and if such carrier shall refuse or omit to givesuch statement within a reasonable time, or shall misstate in writing theapplicable rate, and if the person, firm or corporation making such requestsuffers in consequence of such refusal or omission or in consequence of themisstatement of the rate, either through making the shipment over a routefor which the proper rate is higher than the rate over another availableroute, or through entering into any sale, purchase or contract whereundersuch person, firm or corporation obligates himself, themselves or itself,or becomes obligated to make or receive such shipment of household goods athis, their or its cost, then the said carrier shall be liable pursuant tothe provisions of sections 390.156 to 390.176, RSMo, and be recovered in acivil action by the division of motor carrier and railroad safety,and shall also be liable to the person, firm or corporation injured asaforesaid for the amount of such injury, together with six percentinterest thereon from the date of such injury, and with a reasonableattorney's fee; provided, that no such liability shall be discharged bysuch carrier unless the same be approved by the division as being freefrom any attempt or purpose to evade any other law of this state; andprovided further, that, if during the course of any action upon suchliability to the person injured, it shall appear to the satisfaction of thecourt or jury trying any such cause, that the parties have combined oragreed to obtain or allow any undue advantage or rebate or preference tosuch injured person, upon a finding to that effect, such cause shall bedismissed and the dismissal and finding reported by said court to thedivision. Such dismissal shall be taken and deemed a final judgment,and appeal may be taken therefrom or from any other judgment in anysuch cause the same as in other civil cases.
2. No carrier making any settlement or payment upon the approval ofthe division or pursuant to a judgment or order of court under this sectionshall be liable for any penalty or forfeiture or subject to any prosecutionunder any other law of this state on account of the said payment orsettlement.
3. The division may require from any person, firm or corporation anyinformation deemed by the division necessary to the determination of thequestion whether it shall give its approval to any such claim, and if thesame be refused by the injured person, may decline said claim, and it shallnot be sued upon thereafter; if such information be refused or requesttherefor be evaded or the search for information by the division be madedifficult by the carrier, the division shall endorse such fact on saidclaim and it shall thereafter support an action as if approved by thedivision.
Motor carriers to furnish correct rates on written request--penaltyand damages for failure.
387.060. 1. It shall be the duty of every motor carrier doing anintrastate business within this state, upon written request therefor, byany person who is a bona fide prospective shipper or receiver of householdgoods or who has a bona fide interest therein, made upon any general orlocal freight or station agent of such carrier, by any person, firm orcorporation, to furnish and give a written statement of the rate or chargeapplicable to a described shipment between stated points or places in thisstate under the schedule or tariffs to which such carrier is a party,within a reasonable time; and if such carrier shall refuse or omit to givesuch statement within a reasonable time, or shall misstate in writing theapplicable rate, and if the person, firm or corporation making such requestsuffers in consequence of such refusal or omission or in consequence of themisstatement of the rate, either through making the shipment over a routefor which the proper rate is higher than the rate over another availableroute, or through entering into any sale, purchase or contract whereundersuch person, firm or corporation obligates himself, themselves or itself,or becomes obligated to make or receive such shipment of household goods athis, their or its cost, then the said carrier shall be liable pursuant tothe provisions of sections 390.156 to 390.176, RSMo, and be recovered in acivil action by the division of motor carrier and railroad safety,and shall also be liable to the person, firm or corporation injured asaforesaid for the amount of such injury, together with six percentinterest thereon from the date of such injury, and with a reasonableattorney's fee; provided, that no such liability shall be discharged bysuch carrier unless the same be approved by the division as being freefrom any attempt or purpose to evade any other law of this state; andprovided further, that, if during the course of any action upon suchliability to the person injured, it shall appear to the satisfaction of thecourt or jury trying any such cause, that the parties have combined oragreed to obtain or allow any undue advantage or rebate or preference tosuch injured person, upon a finding to that effect, such cause shall bedismissed and the dismissal and finding reported by said court to thedivision. Such dismissal shall be taken and deemed a final judgment,and appeal may be taken therefrom or from any other judgment in anysuch cause the same as in other civil cases.
2. No carrier making any settlement or payment upon the approval ofthe division or pursuant to a judgment or order of court under this sectionshall be liable for any penalty or forfeiture or subject to any prosecutionunder any other law of this state on account of the said payment orsettlement.
3. The division may require from any person, firm or corporation anyinformation deemed by the division necessary to the determination of thequestion whether it shall give its approval to any such claim, and if thesame be refused by the injured person, may decline said claim, and it shallnot be sued upon thereafter; if such information be refused or requesttherefor be evaded or the search for information by the division be madedifficult by the carrier, the division shall endorse such fact on saidclaim and it shall thereafter support an action as if approved by thedivision.
