Chapter 208. To amend paragraph (11) of section 20 of the Interstate Commerce Act, as amended
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CHAP. 208.— An Act To amend paragraph
(11)of section 20 of the Interstate Commerce Act, as amended. April 23, 1930.[[H. R. 3141](/us/bill/71/hr/3141).][[Public, No. 164](/us/pl/71/164).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That paragraph Interstate commerce.[U. S. C., p. 1669](/us/usc/p1669).(11) of section 20 of the Interstate Commerce Act, as amended, is hereby amended to read as follows: " “(11) That any common Bills of lading to be issued by receiving carrier.Vol. 33, p. 1197; Vol. 44, p. 1448, amended.carrier, railroad, or transportation company 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, Liable to holder for any loss, etc.damage, or injury to such property caused by it or by any common earlier, 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, regulation, or other limitation of any character whatsoever shall exempt such common carrier, railroad, or transportation company Not exempted by any contract, etc.Liability for full actual loss, etc.from the liability hereby imposed; and any such common carrier, 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, or any common carrier, railroad, or transportation company delivering said property so received and transported 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 limitation of liability or limitation Limitations, etc., void.of the amount of recovery or representation or agreement as to value 252in 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 *Provisos*.Determination, if by carrier by water.Vol. 41, p. 494.unlawful and void: *Provided*, That if the loss, damage, or injury occurs while the property is in the custody of a carrier by water the liability of such carrier shall be determined by and under the laws and regulations applicable to transportation by water, and the liability of the initial or delivering carrier shall be the same as Exceptions.Baggage on passenger trains or boats.that of such earner by water: *Provided, however*, That the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation or agreement or release as to value, and declaring any such limitation to be unlawful and void, shall not apply, first, to Property, except livestock, where carrier required. by commission to establish rates upon value declared by shipper.baggage carried on passenger trains or boats, or trains or boats carrying passengers; second, to property, except ordinary livestock, received tor transportation concerning which the carrier shall have been or shall hereafter be expressly authorized or required by order of the Interstate Commerce Commission to 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 be a violation of section 10 of this Act to regulate commerce, as amended; and any tariff schedule which may be filed with the commission pursuant to such order shall contain specific reference thereto and may establish rates varying with the value so declared and agreed upon; and the commission is hereby empowered to make such order in cases where rates dependent upon and varying with declared or agreed values would, in its opinion, be just and “Ordinary livestock” construed.reasonable under the circumstances and conditions surrounding the transportation. The term ‘ordinary livestock’ shall include all cattle, swine, sheep, goats, horses, and mules, except such as are chiefly valuable for breeding, racing, show purposes, or other special Rights under existing loans.uses: *Provided further*, That 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 the existing law: *Provided further*, Venue of actions.That all actions brought under and by virtue of this paragraph against the delivering carrier shall be brought, and may be maintained, if in a district court of the United States, only in a district, and if in a State court, only in a State through or into which the defendant carrier operates a line of railroad: *Provided further*, Time for tiling claims and instituting suits.That it shall be unlawful for any such receiving or delivering common earlier to provide by rule, contract, regulation, or otherwise a shorter period for the filing of claims than nine months, and for the institution of suits than two years, such period for institution of suits to be computed from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed Delivering carrier construed.the claim or any part or parts thereof specified in the notice: *And provided further*, That for the purposes of this paragraph and of paragraph
(12)the delivering carrier shall be construed to be the carrier performing the line-haul service nearest to the point of destination and not a carrier performing merely a switching service Liability applicable to reconsigned property.at the point of destination: *And provided further*, That the liability imposed by this paragraph shall also apply in the case of property reconsigned or diverted in accordance with the applicable tariffs filed as in this Act provided.” " Approved, April 23, 1930.