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This entry was published on 2014-09-22
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SECTION 109
Liability for damage to property in transit
Transportation (TRA) CHAPTER 61-A, ARTICLE 4
§ 109. Liability for damage to property in transit. Every common
carrier shall, upon demand, issue either a receipt or bill of lading for
all property delivered to it for transportation. No contract,
stipulation or clause in any receipt or bill of lading shall exempt or
be held to exempt any common carrier from any liability for loss, damage
or injury caused by it to property from the time of its delivery for
transportation until the same shall have been received at its
destination and a reasonable time shall have elapsed after notice to
consignee of such arrival to permit the removal of such property. Every
common carrier shall be liable for all loss, damage or injury to
property caused by delay in transit due to negligence while the same is
being carried by it, but in any action to recover for damages sustained
by delay in transit the burden of proof shall be upon the defendant to
show that such delay was not due to negligence. Every common carrier
shall be liable for loss, damage and injury to property carried as
baggage whether in connection with the transportation of the owner or
not, up to the full value and regardless of the character thereof, but
the value in excess of one hundred and fifty dollars shall be stated
upon delivery to the carrier, and a written receipt stating the value
shall be issued by the carrier, who may make a reasonable charge for the
assumption of such liability in excess of one hundred and fifty dollars
and for the carriage of baggage exceeding one hundred and fifty pounds
in weight upon a single ticket or receipt. 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.