Chapter 176. To amend an Act entitled “An Act to amend an Act entitled ‘An Act to regulate commerce,’ approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission,” approved June twenty-ninth, nineteen hundred and si
984 words·~4 min read·
/statutes-at-large/vol-38/chapter-176-4895636·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 176.— An Act To amend an Act entitled “An Act to amend an Act entitled ‘An Act to regulate commerce,’ approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission,” approved June twenty-ninth, nineteen hundred and six. March 4, 1915.[[S. 4522](/us/bill/63/s/4522).][[Public, No. 325](/us/pl/63/325).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Interstate commerce regulations.Vol. 34, p. 595, amended.
That so much of section seven of an Act entitled “An Act to amend an Act entitled ‘An Act to regulate commerce,’ approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission,” approved June twenty-ninth, nineteen hundred and six, as reads as follows, to wit: " Issue of bills of lading.Carmack amendment.“That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or a bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered, or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: *Provided*, That nothing in this section shall1197 deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law,” be, and the same is hereby, amended so as to read as follows, to wit:
“That any common carrier, railroad, or transportation companyReceiving carrier to issue bill of lading. subject to the provisions of this Act receiving property for transportation from a point in one State or Territory or the District of Columbia to a point in another State, Territory, District of Columbia, or from any point in the United States to a point in an adjacent foreign country shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, orLiable to holder for any loss, etc. injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the United States or within an adjacent foreign country when transported on a through bill of lading, and no contract, receipt, rule,Not exempted by any contract, etc. regulation, or other limitation of any character whatsoever, shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed; and any such common carrier,Liability for full actual loss, etc. railroad, or transportation company so receiving property for transportation from a point in one State, Territory, or the District of Columbia to a point in another State or Territory, or from a point in a State or Territory to a point in the District of Columbia, or from any point in the United States to a point in an adjacent foreign country, or for transportation wholly within a Territory shall be liable to the lawful holder of said receipt or bill of lading or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss, damage, or injury to such property caused by it or by any such common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the United States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitationLimitations, etc., void. of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void: *Provided, however*, That if the goods are hidden*Provisos*.Goods hidden from view. from view by wrapping, boxing, or other means, and the carrier is not notified as to the character of the goods, the carrier may require the shipper to specifically state in writing the value of the goods, and the earner shall not be liable beyond the amount so specifically stated, in which case the Liter state Commerce Commission may establish and maintain rates for transportation, dependent upon the value of the property shipped as specifically stated in writing by the shipper.
Such rates shall be published as are other rate schedules: *Provided further*, That nothing in this section shall depriveRights under existing law. any holder of such receipt or bill of lading of any remedy or right of action which he has under the existing law: *Provided further*, ThatTime for filing claims. it shall be unlawful for any such common carrier to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of claims than ninety days and for the filing of claims for a shorter period than four months, and for the institution of suits than two years: *Provided, however*, That if the loss, damage, or injury complainedLosses by carelessness, etc. of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery. ” " Sec. 2.
That this Act shall take effect and be in force from ninetyIn effect in 90 days. days after its passage. Approved, March 4, 1915.