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This entry was published on 2014-09-22
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Liability for damage to property in transit
Transportation (TRA) CHAPTER 61-A, ARTICLE 8
§ 181. Liability for damage to property in transit. Every common
carrier of property by motor vehicle shall, upon demand, issue either a
receipt or a 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 any common carrier of property by motor
vehicle 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 the consignee of such arrival to permit the
removal of such property and inspection; provided, however, that when
expressly authorized or required by order of the commissioner a carrier
may 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, in which case such declaration or agreement shall have
no other effect than to limit liability and recovery to an amount not
exceeding the value so declared or released and shall not, so far as
relates to values, be held to violate this article. Every common carrier
of property by motor vehicle 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. Nothing
in this section shall deprive any holder of such receipt or bill of
lading of any remedy or right of action which such holder has under
existing law.