The Punta Gorda herald. [volume] (Punta Gorda, Fla.) 1893-1958, 1914-04-02
sTATEs-DEcISioN AND
RULINGS
Interstate Commerce Commission Affect.
Ing Shipping Contracts

Recent decisions of the Supreme Court
of the United States and rulings of the
Interstate Commerce Commission nuke
it imperative that care be used by ship
pers in forwarding of property and that
claims for loss and damage be promptly
and properly filed.
First-Unless claims for loss and
damage are filed within the time spec
flied the carriers cannot make payment.
Second.-The value expressed in ship
ping receipt is the true value of the
goods and is the maximum amount car
rers can pay for loss and damage.
Third.-Failure, Of shipper to comply
with requirements of Carriers Bill of
Lading will cause an increase of 10 per
cent. in freight rates.
The Interstate Commerce Commission
has ruled:
THAT, in so far as a bill of lading
establishes rule and regulation. or prin-
cipal of transportation which Is obliga-
tory upon the shipper, the Interstate
Commerce Commission has Jurisdiction
over its provisions. Larkin Co. " E. &
w. T. Co., "a, I. c.. C. 645. 647"
Attention is directed to the fact that
the rules printed in bills of lading and
Express receipts, in tariffs and in clas-
sifications, are binding upon the owner
and carrier and cannot be deviated from,
except in violation Of the act to regulate
commerce unless special permission is
granted by the Interstate Commerce
commission after due hearing and in
-yestigation.
Ffrst-The supreme Court of the u
nited States. M. X. & T. r. " Harri-
man. has rendered decision that para
graph of section 8 of the Standard Bill
of lading is valid, same reads:
Claims for loss, damage or delay must
be made in writing to the carrier at the
point of delivery or at the point of ORR
gin within four months after delivery
of the property, or. i'm case of failure to
make delivery, then, within four months
after reasonable time for delivery has
collapsed. Unless claims are so made the
carriers shall not be liable"
The Express receipt limit it ninety.
deyys.
1t will be observed that claim for loss
and damage against common carrier
other than Express Company, must be
filed within four months and claim OF
a like character against the Express Com
pany must be filed within ninety days
Second.-The United States Supreme
Court, Adams Express Company, v.Cron-
niger, has rendered decision, that the
value expressed in shipping contract
is true value Of the goods. Many rates
are based on valuation. This Is espec-
tally true. of the Express Company's rates,
practically all of which are based on
maximum valuation of $4,000 per cwt.,
where there is no valuation expressed
by the shipper. The carriers are liable
not exceeding the amount stipulated in
contract and cannot pay more.
Third.-The Southern Classification
governs practically all rates in theSouth-
eastern Territory. Rule l. of this CLASH
fication reads;
THE reduced rates specified In this
classification will apply only on property
shipped subject to the conditions OF the
Carriers Bin of Lading.
Property carried not subject to the
conditions OF the Carriers Bill of Lading
will be at the carriers liability. limited
only as provided by common law and by
the lawsd of the United States. an
of the several states In so far
as they apply The property thus carri-
ed win be charged ten Q0) per cent.
higher (subject to a minimum increase
of one a. cent per hundred pounds)
than If shipped subject to the conditions
of the Carriers Bill of Lading."
A requirement of the Carriers Bill Of
I,ading is. that shipper shall sign same.
w 0hgGrV-
ed that failure Of shipping clerk to sign
bill of lading win cause maximum m
crease of ten per cent. in freight charge
with a minimum of / per cent. per cwt.
While these rules have been in erect Ior
wears. it is only recently decisions have
been made, enforcing same