Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-07-29
eHApVEa ss94-Mo. IS.

AN ACT TO Require Common Carriers 10 pav
Claims tor Lost or Damaged Freight. Express.
Baggage and OverchaIges on Freight and Bag.
gage, and Reciprocal Demurrage. Within n
Certain Time, and Providing That in the Rye,e
a Common Carrier Fails TO Pay Said Claim
Within Said Time That Such Common Garner
Shall IN Certain Cases he Liable for Interest ~,
Said Claim az the Rate of Fifty Per Cent -
Annum and Shall Also he Liable for a ReaSoc-
able Attorney Pee; and Repeallng An Laws ia
all actions and rights of actions heretofo-e
accrued under such repealed laws)
Be 10 Enacted BY the Legislature Of the State a
Florida:
section .. That il shall he the duty Of NJ, oo,,,
mon carriers operating within this State And ths,
are hereby required when any person. his arer, y,
attorney files with. or presents 90 them or any
station agent of said common carrier or whe,.
there is no station agent, upon any other 81
such common carrier. his claim for any Ireight
baggage or express lost or damaged by said oor
mon carrier, or for any overcharge made bv s,,ch
common Garner on any freight, baggage or exnSss.
or for any reciprocal demurrage 20 nav the 90
claim within sixty days from its filing with. or
presentation TO. said common carrier or ANY, s,.
ton agent. or other agent of such common earr,s,
Sec. ,. That should any common carrier fail 20
comply with the provisions of Section one az al
this Act. then the said common carrier naL;cs
such failure shall be liable TO the claimant for ,hs
amount of his claim and fifty per cent per anpnr,
interest on the principal sum OF said claim from
the date of the filing OF the same with or presenta-
ton OF the same to, the common carrier or anv
station agent or other agent OF such common car
rer, and when the said claimant shall bring S,;t
and recover judgment for his claim against "a
common carrier. he shall be allowed the said f1t~s
per cent per annun. IN addition 10 the PRINCIPAL
sum Of said claim. and the same shall be aIIowcd
in the verdict giving him judgment: Provided
however. That the claimant shall not recover 81
have judgment for the said fifty per cent Der an.
num- nor attorneys fees as provided for IN See.
ton OF this Act. unless he RECEIVERS Judgment ~,
a sum which fixes the principal sum OF said Claim
at amount greater than the amount which "a
common carrier hal Offeerd and rendered 10 ia
claimant in settlement Of his calm before Tie
expiration Of said sixty days IN which the AID
common Garner is required TO nay such CLAIM, ur.
der the provisions of Section one ID II this Act
Sec. J. That any common carrier who fails IN
comply with the provisions of Section one a. "A
this Act. shall, IN the event that the claimant
liable for reasonable attorneys fee and IL shall
be the duty Of the Court TO allow the Claimant
such reasonable attorneys fee. which shall he
fixed by the Court. not 90 exceed fifteen dollarN
II the amount received does not exceed one hun.
dred dollars. and no; to exceed fifteen per cent on
any amount recovered greater than the sum Of
one hundred dollars
visions Of this Act. and the shipment went or
should have gone, over more than one common
carriers line. the claimant may file his claim with
any OF said common carriers over whose line Said
shipment went. should have gone and nav
bring action against either Of them for recovery az
damages. herein provided for: Provided He
shall have served said notice on the common car
rer he elects TO sue
Sec. s. All laws and PARTS Of laws in conflict
with the provisions Of this Act be. and the anne
are hereby, repealed. saving all actions and rQhts
Of actions heretofore accrlei under such repealed
laws.
Approved June s. 1909.