Every claim against a common carrier doing business in the Commonwealth forloss or damage to property while in its possession, and every claim forstorage, demurrage and car service against such carrier under the rules andregulations prescribed by the State Corporation Commission, shall be adjustedand paid within 60 days in case of shipments wholly within the Commonwealth,and within 90 days in case of interstate shipment, and within 60 days in caseof claims for demurrage or car service after the filing of such claim withthe agent of such carrier at the point of destination of such shipment orwith the claims department of such common carrier. No such claims shall befiled until after the arrival of shipment or some part thereof at the pointof destination or until after the lapse of a reasonable time for the arrivalthereof, when such claim is for loss or damage to freight. In every case suchcarrier shall be liable for the amount of such loss or damage to freight, orsuch penalty as is prescribed for failure to comply with the rules andregulations of the Commission, relating to storage, demurrage, and carservice, together with interest thereon from the date of the filing of theclaim therefor, until the payment thereof. Failure to adjust and pay suchclaim within the periods herein respectively prescribed shall subject suchcommon carrier so failing to a penalty of $25 for each and every suchfailure, to be recovered by such claimant so aggrieved in the same action orproceedings in any court having jurisdiction in the Commonwealth; provided,that unless such claimant recover in such action the full amount claimed byhim no penalty shall be recovered, but only the actual amount of the loss ordamage to freight, or amount due for storage, demurrage or car service, withinterest as aforesaid; and, provided further, that if in such action orproceedings such claim shall be found to be fraudulent the claimant shall payto the carrier a penalty of $25, to be recovered along with the costs. Ifafter such periods above prescribed, the carrier shall voluntarily pay thefull amount so claimed, then such penalty alone may be recovered as aforesaidby the claimant.
(1918, p. 467; 1922, p. 420; Michie Code 1942, § 3928a; 2005, c. 839.)
Every claim against a common carrier doing business in the Commonwealth forloss or damage to property while in its possession, and every claim forstorage, demurrage and car service against such carrier under the rules andregulations prescribed by the State Corporation Commission, shall be adjustedand paid within 60 days in case of shipments wholly within the Commonwealth,and within 90 days in case of interstate shipment, and within 60 days in caseof claims for demurrage or car service after the filing of such claim withthe agent of such carrier at the point of destination of such shipment orwith the claims department of such common carrier. No such claims shall befiled until after the arrival of shipment or some part thereof at the pointof destination or until after the lapse of a reasonable time for the arrivalthereof, when such claim is for loss or damage to freight. In every case suchcarrier shall be liable for the amount of such loss or damage to freight, orsuch penalty as is prescribed for failure to comply with the rules andregulations of the Commission, relating to storage, demurrage, and carservice, together with interest thereon from the date of the filing of theclaim therefor, until the payment thereof. Failure to adjust and pay suchclaim within the periods herein respectively prescribed shall subject suchcommon carrier so failing to a penalty of $25 for each and every suchfailure, to be recovered by such claimant so aggrieved in the same action orproceedings in any court having jurisdiction in the Commonwealth; provided,that unless such claimant recover in such action the full amount claimed byhim no penalty shall be recovered, but only the actual amount of the loss ordamage to freight, or amount due for storage, demurrage or car service, withinterest as aforesaid; and, provided further, that if in such action orproceedings such claim shall be found to be fraudulent the claimant shall payto the carrier a penalty of $25, to be recovered along with the costs. Ifafter such periods above prescribed, the carrier shall voluntarily pay thefull amount so claimed, then such penalty alone may be recovered as aforesaidby the claimant.
(1918, p. 467; 1922, p. 420; Michie Code 1942, § 3928a; 2005, c. 839.)
Every claim against a common carrier doing business in the Commonwealth forloss or damage to property while in its possession, and every claim forstorage, demurrage and car service against such carrier under the rules andregulations prescribed by the State Corporation Commission, shall be adjustedand paid within 60 days in case of shipments wholly within the Commonwealth,and within 90 days in case of interstate shipment, and within 60 days in caseof claims for demurrage or car service after the filing of such claim withthe agent of such carrier at the point of destination of such shipment orwith the claims department of such common carrier. No such claims shall befiled until after the arrival of shipment or some part thereof at the pointof destination or until after the lapse of a reasonable time for the arrivalthereof, when such claim is for loss or damage to freight. In every case suchcarrier shall be liable for the amount of such loss or damage to freight, orsuch penalty as is prescribed for failure to comply with the rules andregulations of the Commission, relating to storage, demurrage, and carservice, together with interest thereon from the date of the filing of theclaim therefor, until the payment thereof. Failure to adjust and pay suchclaim within the periods herein respectively prescribed shall subject suchcommon carrier so failing to a penalty of $25 for each and every suchfailure, to be recovered by such claimant so aggrieved in the same action orproceedings in any court having jurisdiction in the Commonwealth; provided,that unless such claimant recover in such action the full amount claimed byhim no penalty shall be recovered, but only the actual amount of the loss ordamage to freight, or amount due for storage, demurrage or car service, withinterest as aforesaid; and, provided further, that if in such action orproceedings such claim shall be found to be fraudulent the claimant shall payto the carrier a penalty of $25, to be recovered along with the costs. Ifafter such periods above prescribed, the carrier shall voluntarily pay thefull amount so claimed, then such penalty alone may be recovered as aforesaidby the claimant.
(1918, p. 467; 1922, p. 420; Michie Code 1942, § 3928a; 2005, c. 839.)
