The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1907-08-02
LAW IN FAVOR
OF SHIPPERS
Gives Common Carriers Sixty
DAYS to Adjust Claims
DEFENDANT PAYS COST
Carriers failing to Comply With Shippers
Demand for Damage or Overcharge
Held for 50 Per Cent Interest

At its last session the legislature
passed a bill, which has been signed BY
Governor Broward, and has become a
law, requiring transportation companies
to pay all claims for damage to freight
or express, promptly under heavy dam
ages if it is not done.
Under this law transportation COM
panies are allowed sixty days in which
to settle claims for overcharges, loss or
damage, and upon their failure to do so,
and suit being brought, if claimant is
successful in his suit, he will recover
the amount of his claim, 80 per cent ad-
ditional and attorneys fees
1t is hoped that this Law will prove a
solution to the much vexed question of
collecting claims from transportation
companies
The law will. Of course, apply only to
state shipments, that is shipments made
from one point in Florida to another
point in Florida and which do not cross
the State line in transit.
The law is as follows, and will be
studied with much interest by all ship.
pers.
Section l. That it shall be the duty
of all common carriers operating within
this State and they are hereby required
when any person files with, or presents
to, them or any station agent of said
for any freight or express lost or dam
aged by said common carrier or for any
overcharge made by said common car
r,er on any freight or express. to pay
the said claim within sixty days from
its filing with or presentation to said
common carrier on any station agent Of
such common carrier
Section 2 That should any common
carrier fail to comply with the provis-
ions of section one of this act then the
said common carrier making such fail
ure shall be liable to the claimant for
the amount of his claim and fifty per
cent per annum interest on the princi-
pal sum of said claim from the date of
filing of the same with, or presentation
of the same to, the common carrier or
any station agent of such common car
rier, and when the said claimant shall
bring suit and recover judgment for his
claim against said common carrier, he
shall be allowed the said fifty per cent
per annum, in addition to the principal
sum of said claim, and the same shall
be allowed in the verdict giving him
Judgment. Provided however, that the
claimant shall not recover and have
judgment for the said fifty per cent per
annum, unless he RECEIVERS Judgment
for sum which fixes the principal sum
Of said claim at an amount greater than
the amount which said common carrier
had offered and rendered to the claim
ant in settlement of his claim before
the expiration of said sixty days in
which the said common carrier is re-
quired to pay such claims under the
provisions of section one of this act.
Section 3, That any common carrier
who fails to comply with the provisions
of section one of this act shall, in the
event that the claimant shall prevail in
an action to recover on his claim, be
liable for reasonable attorneys fee,
and it shall be the duty of the court to
allow the claimant such reasonable at
torney's fee, which shall be fixed by the
court, not to exceed fifteen dollars if
the amount recovered does not exceed
one hundred dollars, and not to exceed
fifteen per cent on any amount recovered
greater than the sum Of one hundred
dollars.
Section q. That all the laws and
parts of laws in conflict with the pro-
visions of this act be and the same are
hereby repealed.
Section S. That this act shall become
operative upon its passage and approval
by the governor.
Approved June 3, 1907.
Il 20