§ 62‑203. Claimsfor loss or damage to goods; filing and adjustment.
(a) Every common carrier receiving household goods fortransportation in intrastate commerce shall issue a bill of lading therefor,and shall be liable to the lawful holder thereof for any loss, damage, orinjury to such household goods caused by it, or by any carrier participating inthe haul when transported on a through bill of lading, and any such carrierdelivering said household goods so received and transported shall be liable tothe lawful holder of said bill of lading or to any party entitled to recoverthereon for such loss, damage, or injury, notwithstanding any contract oragreement to the contrary; provided, however, the Commission may, by regulationor order, authorize or require any such common carrier to establish andmaintain rates related to the value of shipments declared in writing by theshipper, or agreed upon as the release value of such shipments, suchdeclaration or agreement to have no effect other than to limit liability andrecovery to an amount not exceeding the value so declared or released, in whichcase, any tariff filed pursuant to such regulation or order shall specificallyrefer thereto; provided further, that a rate shall be afforded the shippercovering the full value of the goods shipped; provided further, that nothing inthis section shall deprive any lawful holder of such bill of lading of anyremedy or right of action which such holder has under existing law; providedfurther, that the carrier issuing such bill of lading, or delivering suchhousehold goods so received and transported, shall be entitled to recover fromthe carrier on whose route the loss, damage, or injury shall have beensustained the amount it may be required to pay to the owners of such property.
(b) Every claim for loss of or damage to household goods whilein possession of a common carrier shall be adjusted and paid within 90 daysafter the filing of such claim with the agent of such carrier at the point ofdestination of such shipment, or point of delivery to another common carrier,by the consignee or at the point of origin by the consignor, when it shallappear that the consignee was the owner of the shipment: Provided, that no suchclaim shall be filed until after the arrival of the shipment, or some partthereof, at the point of destination, or until after the lapse of a reasonabletime for the arrival thereof.
(c) In every case such common carrier shall be liable for theamount of such loss or damage, together with interest thereon from the date ofthe filing of the claim therefor until the payment thereof. Failure to adjustand pay such claim within the periods respectively herein prescribed shallsubject each common carrier so failing to a penalty of fifty dollars ($50.00)for each and every such failure, to be recovered by any consignee aggrieved (orconsignor, when it shall appear that the consignor was the owner of theproperty at the time of shipment and at the time of suit, and is, therefore,the party aggrieved), in any court of competent jurisdiction: Provided, thatunless such consignee or consignor recover in such action the full amountclaimed, no penalty shall be recovered, but only the actual amount of the lossor damage, with interest as aforesaid; and that no penalty shall be recoverableunder the provisions of this section where claims have been filed by both theconsignor and consignee, unless the time herein provided has elapsed after thewithdrawal of one of the claims.
(d) A check shall be affixed to every parcel of baggage whentaken for transportation by the agent or servant of a common carrier, if thereis a handle, loop or fixture so that the same can be attached upon the parcelor baggage so offered for transportation, and a duplicate thereof given to thepassenger or person delivering the same on his behalf. If such check be refusedon demand, the common carrier shall pay to such passenger the sum of tendollars ($10.00), to be recovered in a civil action; and further, no fare ortoll shall be collected or received from such passenger, and if such passengershall have paid his fare the same shall be refunded by the carrier.
(e) If a passenger, whose bag has been checked, shall producethe check and his baggage shall not be delivered to him, he may by an actionrecover the value of such baggage.
(f) Causes of action for the recovery of the possession of theproperty shipped, for loss or damage thereto, and for the penalties hereinprovided for, may be united in the same complaint.
(g) This section shall not deprive any consignee or consignor ofany other rights or remedies existing against common carriers in regard tofreight charges or claims for loss or damage to freight, but shall be deemedand held as creating an additional liability upon such common carriers.
(h) This section shall not apply to motor carriers of passengersand only subsection (a) of this section shall apply to motor carriers ofproperty. (1871‑2, c.138, s. 36; Code, s. 1970; 1905, c. 330, ss. 2, 4, 5; Rev., ss. 2623, 2634,2635; 1907, c. 983; 1911, c. 139; C.S., ss. 3510, 3524, 3525; 1947, c. 781; c.1008, s. 27; 1963, c. 1165, s. 1; 1995, c. 523, s. 12.)
§ 62‑203. Claimsfor loss or damage to goods; filing and adjustment.
(a) Every common carrier receiving household goods fortransportation in intrastate commerce shall issue a bill of lading therefor,and shall be liable to the lawful holder thereof for any loss, damage, orinjury to such household goods caused by it, or by any carrier participating inthe haul when transported on a through bill of lading, and any such carrierdelivering said household goods so received and transported shall be liable tothe lawful holder of said bill of lading or to any party entitled to recoverthereon for such loss, damage, or injury, notwithstanding any contract oragreement to the contrary; provided, however, the Commission may, by regulationor order, authorize or require any such common carrier to establish andmaintain rates related to the value of shipments declared in writing by theshipper, or agreed upon as the release value of such shipments, suchdeclaration or agreement to have no effect other than to limit liability andrecovery to an amount not exceeding the value so declared or released, in whichcase, any tariff filed pursuant to such regulation or order shall specificallyrefer thereto; provided further, that a rate shall be afforded the shippercovering the full value of the goods shipped; provided further, that nothing inthis section shall deprive any lawful holder of such bill of lading of anyremedy or right of action which such holder has under existing law; providedfurther, that the carrier issuing such bill of lading, or delivering suchhousehold goods so received and transported, shall be entitled to recover fromthe carrier on whose route the loss, damage, or injury shall have beensustained the amount it may be required to pay to the owners of such property.
(b) Every claim for loss of or damage to household goods whilein possession of a common carrier shall be adjusted and paid within 90 daysafter the filing of such claim with the agent of such carrier at the point ofdestination of such shipment, or point of delivery to another common carrier,by the consignee or at the point of origin by the consignor, when it shallappear that the consignee was the owner of the shipment: Provided, that no suchclaim shall be filed until after the arrival of the shipment, or some partthereof, at the point of destination, or until after the lapse of a reasonabletime for the arrival thereof.
(c) In every case such common carrier shall be liable for theamount of such loss or damage, together with interest thereon from the date ofthe filing of the claim therefor until the payment thereof. Failure to adjustand pay such claim within the periods respectively herein prescribed shallsubject each common carrier so failing to a penalty of fifty dollars ($50.00)for each and every such failure, to be recovered by any consignee aggrieved (orconsignor, when it shall appear that the consignor was the owner of theproperty at the time of shipment and at the time of suit, and is, therefore,the party aggrieved), in any court of competent jurisdiction: Provided, thatunless such consignee or consignor recover in such action the full amountclaimed, no penalty shall be recovered, but only the actual amount of the lossor damage, with interest as aforesaid; and that no penalty shall be recoverableunder the provisions of this section where claims have been filed by both theconsignor and consignee, unless the time herein provided has elapsed after thewithdrawal of one of the claims.
(d) A check shall be affixed to every parcel of baggage whentaken for transportation by the agent or servant of a common carrier, if thereis a handle, loop or fixture so that the same can be attached upon the parcelor baggage so offered for transportation, and a duplicate thereof given to thepassenger or person delivering the same on his behalf. If such check be refusedon demand, the common carrier shall pay to such passenger the sum of tendollars ($10.00), to be recovered in a civil action; and further, no fare ortoll shall be collected or received from such passenger, and if such passengershall have paid his fare the same shall be refunded by the carrier.
(e) If a passenger, whose bag has been checked, shall producethe check and his baggage shall not be delivered to him, he may by an actionrecover the value of such baggage.
(f) Causes of action for the recovery of the possession of theproperty shipped, for loss or damage thereto, and for the penalties hereinprovided for, may be united in the same complaint.
(g) This section shall not deprive any consignee or consignor ofany other rights or remedies existing against common carriers in regard tofreight charges or claims for loss or damage to freight, but shall be deemedand held as creating an additional liability upon such common carriers.
(h) This section shall not apply to motor carriers of passengersand only subsection (a) of this section shall apply to motor carriers ofproperty. (1871‑2, c.138, s. 36; Code, s. 1970; 1905, c. 330, ss. 2, 4, 5; Rev., ss. 2623, 2634,2635; 1907, c. 983; 1911, c. 139; C.S., ss. 3510, 3524, 3525; 1947, c. 781; c.1008, s. 27; 1963, c. 1165, s. 1; 1995, c. 523, s. 12.)
§ 62‑203. Claimsfor loss or damage to goods; filing and adjustment.
(a) Every common carrier receiving household goods fortransportation in intrastate commerce shall issue a bill of lading therefor,and shall be liable to the lawful holder thereof for any loss, damage, orinjury to such household goods caused by it, or by any carrier participating inthe haul when transported on a through bill of lading, and any such carrierdelivering said household goods so received and transported shall be liable tothe lawful holder of said bill of lading or to any party entitled to recoverthereon for such loss, damage, or injury, notwithstanding any contract oragreement to the contrary; provided, however, the Commission may, by regulationor order, authorize or require any such common carrier to establish andmaintain rates related to the value of shipments declared in writing by theshipper, or agreed upon as the release value of such shipments, suchdeclaration or agreement to have no effect other than to limit liability andrecovery to an amount not exceeding the value so declared or released, in whichcase, any tariff filed pursuant to such regulation or order shall specificallyrefer thereto; provided further, that a rate shall be afforded the shippercovering the full value of the goods shipped; provided further, that nothing inthis section shall deprive any lawful holder of such bill of lading of anyremedy or right of action which such holder has under existing law; providedfurther, that the carrier issuing such bill of lading, or delivering suchhousehold goods so received and transported, shall be entitled to recover fromthe carrier on whose route the loss, damage, or injury shall have beensustained the amount it may be required to pay to the owners of such property.
(b) Every claim for loss of or damage to household goods whilein possession of a common carrier shall be adjusted and paid within 90 daysafter the filing of such claim with the agent of such carrier at the point ofdestination of such shipment, or point of delivery to another common carrier,by the consignee or at the point of origin by the consignor, when it shallappear that the consignee was the owner of the shipment: Provided, that no suchclaim shall be filed until after the arrival of the shipment, or some partthereof, at the point of destination, or until after the lapse of a reasonabletime for the arrival thereof.
(c) In every case such common carrier shall be liable for theamount of such loss or damage, together with interest thereon from the date ofthe filing of the claim therefor until the payment thereof. Failure to adjustand pay such claim within the periods respectively herein prescribed shallsubject each common carrier so failing to a penalty of fifty dollars ($50.00)for each and every such failure, to be recovered by any consignee aggrieved (orconsignor, when it shall appear that the consignor was the owner of theproperty at the time of shipment and at the time of suit, and is, therefore,the party aggrieved), in any court of competent jurisdiction: Provided, thatunless such consignee or consignor recover in such action the full amountclaimed, no penalty shall be recovered, but only the actual amount of the lossor damage, with interest as aforesaid; and that no penalty shall be recoverableunder the provisions of this section where claims have been filed by both theconsignor and consignee, unless the time herein provided has elapsed after thewithdrawal of one of the claims.
(d) A check shall be affixed to every parcel of baggage whentaken for transportation by the agent or servant of a common carrier, if thereis a handle, loop or fixture so that the same can be attached upon the parcelor baggage so offered for transportation, and a duplicate thereof given to thepassenger or person delivering the same on his behalf. If such check be refusedon demand, the common carrier shall pay to such passenger the sum of tendollars ($10.00), to be recovered in a civil action; and further, no fare ortoll shall be collected or received from such passenger, and if such passengershall have paid his fare the same shall be refunded by the carrier.
(e) If a passenger, whose bag has been checked, shall producethe check and his baggage shall not be delivered to him, he may by an actionrecover the value of such baggage.
(f) Causes of action for the recovery of the possession of theproperty shipped, for loss or damage thereto, and for the penalties hereinprovided for, may be united in the same complaint.
(g) This section shall not deprive any consignee or consignor ofany other rights or remedies existing against common carriers in regard tofreight charges or claims for loss or damage to freight, but shall be deemedand held as creating an additional liability upon such common carriers.
(h) This section shall not apply to motor carriers of passengersand only subsection (a) of this section shall apply to motor carriers ofproperty. (1871‑2, c.138, s. 36; Code, s. 1970; 1905, c. 330, ss. 2, 4, 5; Rev., ss. 2623, 2634,2635; 1907, c. 983; 1911, c. 139; C.S., ss. 3510, 3524, 3525; 1947, c. 781; c.1008, s. 27; 1963, c. 1165, s. 1; 1995, c. 523, s. 12.)
