§ 11707. Liability when property is delivered in violation of routing instructions
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/usc/title-49/section-11707A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2)A rail carrier is not liable under paragraph
(1)of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.
(3)A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.
(b)The court shall award a reasonable attorney’s fee to the plaintiff in a judgment against the defendant rail carrier under subsection
(a)of this section. The court shall tax and collect that fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 849.)
Connections9 cite this · traces to 5
Cited by 9 sections · top 8
U.S. Code
- § 11707Liability when property is delivered in violation of routing instructions
- § 11706Liability of rail carriers under receipts and bills of lading
- § 1337Commerce and antitrust regulations; amount in controversy, costs
- § 1445Nonremovable actions
- § 15906Liability of pipeline carriers under receipts and bills of lading
statutes-at-large
- Public Law 95–473To revise, codify, and enact without substantive change tile Interstate Commerce Act and related laws as subtitle IV of title 49, United States Code, “Transportation”
- Public Law 96–258To amend subtitle IV of title 49, United States Code, to codify recent law and improve the Code without substantive change
- Public Law 96–448To reform the economic regulation of railroads, and for other purposes
Traces to 5 documents
27 references not yet in our index
- Pub. L. 104–88, title I, § 102(a)
- 109 Stat. 849
- section 11710 of this title
- Pub. L. 104–88, § 102(a)
- Pub. L. 95–473
- 92 Stat. 1453
- Pub. L. 96–258, § 1(14)
- 94 Stat. 427
- Pub. L. 96–296, § 26(b)
- 94 Stat. 818
- Pub. L. 96–448, title II, § 211(c)
- 94 Stat. 1911
- Pub. L. 99–521, § 12(d)
- 100 Stat. 2998
- Pub. L. 100–690, title IX, § 9114
- 102 Stat. 4535
- 92 Stat. 1454
- Pub. L. 99–521, § 12(e)(1)
- 92 Stat. 1455
- Pub. L. 96–454, § 7(a)(1)
- 94 Stat. 2016
- Pub. L. 97–261, § 6(d)(2)
- 96 Stat. 1107
- Pub. L. 103–180, § 4(a)
- 107 Stat. 2049
- Pub. L. 104–88
- section 2 of Pub. L. 104–88
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cites case law
§ 11707
Liability when property is delivered in violation of routing instructions
U.S.C.×5
Stat.×4
Pub. L.Pub. L. 104–88, title I, § 102(a)
Stat.109 Stat. 849
Citesection 11710 of this title
Pub. L.Pub. L. 104–88, § 102(a)
Pub. L.Pub. L. 95–473
Cites 32 · showing 10Cited by 9 across 2 sources