Subchapter I-General Definitions § 2421. Freight, freightage, consignor, and consignee defined Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee. Subchapter II-Obligations of Carrier § 2441. Care and diligence required of carriers A carrier of property for reward shall use at least ordinary care and diligence in the performance of all his duties. A carrier without reward shall use at least slight care and diligence. § 2442. Obedience to directions A carrier shall comply with the directions of the consignor or consignee to the same extent that an employee is bound to comply with those of his employer. § 2443. Conflict of orders When the directions of a consignor and consignee are conflicting, the carrier shall comply with those of the consignor in respect to all matters except the delivery of the freight, as to which he shall comply with the directions of the consignee, unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with his own. § 2444. Delivery of freight A carrier of property shall deliver it to the consignee, at the place to which it is addressed, in the manner usual at that place. § 2445. Notice of arrival to consignee If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he shall notify the consignee of its arrival, and keep the same in safety, upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it. If the place of residence or business of the consignee is unknown to the carrier, he may give the notice by letter mailed in the nearest post office. § 2446. Failure of consignee to accept and remove freight If a consignee does not accept and remove freight within 72 hours after the carrier has fulfilled his obligation to deliver, or duly offered to fulfill the same, the rights and duties of the carrier shall thereafter be the same as those of a warehouseman as provided in subchapter IV of chapter 51 of this title. Subchapter III-Bills of Lading § 2471. Application of Federal Bill of Lading Act to shipments wholly within Canal Zone The Federal Bill of Lading Act (49 U.S.C., secs. 81-124) applies to shipments wholly within the Canal Zone. Subchapter IV-Freightage § 2491. Time for payment of freightage A carrier may require his freightage to be paid upon his receiving the freight; but if he does not demand it then, he may not until he is ready to deliver the freight to the consignee. § 2492. Consignor's liability The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he may not afterwards recover the freightage from the consignor. § 2493. Consignee's liability The consignee of freight is liable for the freightage if he accepts the freight with notice of the intention of the consignor that he pay it. § 2494. Natural increase of freight Freightage may not be charged upon the natural increase of freight. § 2495. Apportionment by contract If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for as much as he delivers. § 2496. Apportionment upon partial delivery If a part of the freight is accepted by a consignee, without specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract. § 2497. Apportionment according to distance If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the full freightage. If he does not thus offer completion, and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage. § 2498. Freight carried farther or faster than agreed If freight is carried farther, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and may not refuse to deliver it, on the demand of the consignee, at the place and time of its arrival. § 2499. Carrier's lien A carrier has a lien for freightage and for services rendered at the request of the shipper or consignee in and about the transportation, care, and preservation of the property, and he also has a lien for money advanced at the request of the shipper or consignee to discharge a prior lien. His rights to the lien are regulated by chapters 97-103 of this title on liens. The lien may be enforced in the manner provided by sections 1806-1809 of this title relating to warehousemen. Sec. CHAPTER 71-CARRIAGE OF MESSAGES 2531. Degree of care and diligence required. § 2531. Degree of care and diligence required A carrier of messages for reward shall use great care and diligence in the transmission and delivery of messages. Sec. CHAPTER 73-COMMON CARRIERS SUBCHAPTER 1-COMMON CARRIERS IN GENERAL 2561. Common carrier defined. 2562. Obligation to accept freight. 2563. Compensation. 2564. Limitation of obligations. 2565. Exoneration agreements. 2566. Acceptance of ticket, bill of lading or written contract. 2567. Loss of valuable letters. SUBCHAPTER II-COMMON CARRIERS OF PERSONS 2591. Liability for luggage. 2592. Regulations for conduct of business. 2593. Payment of fare. 2594. Ejection of passengers. SUBCHAPTER III-COMMON CARRIERS OF PROPERTY 2621. Liability of inland carriers for loss. 2622. Application of exceptions. 2623. Liability for delay. 2624. Valuables; limitation of liability. 2625. Delivery of freight beyond usual route. 2628. Proof in case of loss. 2627. Services other than carriage and delivery. Subchapter I-Common Carriers in General 82561. Common carrier defined Everyone who offers to the public to carry persons, property, or messages is a common carrier of whatever he thus offers to carry. § 2562. Obligation to accept freight A common carrier shall, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry. § 2563. Compensation A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse to carry. § 2564. Limitation of obligations The obligations of a common carrier may not be limited by general notice on his part, but may be limited by special contract. § 2565. Exoneration agreements A common carrier may not be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants. § 2566. Acceptance of ticket, bill of lading or written contract Where a passenger or consignor receives a ticket, bill of lading, or written contract for carriage and makes no objection to its terms or conditions at the time he receives it, neither the passenger or consignor, nor any person who accepts delivery of the goods, nor any person who seeks to enforce any provision of the ticket, bill of lading, or written contract for carriage, may deny that he is bound by the terms and conditions, as far as they are not contrary to law or public policy. § 2567. Loss of valuable letters A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a letter, containing money or notes, bills of exchange, or other papers of value, unless he be informed at the time of its receipt of the value of its contents. Subchapter II-Common Carriers of Persons 8 2591. Liability for luggage The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property. § 2592. Regulations for conduct of business A common carrier of persons may make rules for the conduct of his business, and may require passengers to conform to them, if they are lawful, public, uniform in their application, and reasonable. § 2593. Payment of fare A common carrier may demand the fare of passengers, either at starting or at any subsequent time. § 2594. Ejection of passengers (a) A passenger who refuses to pay his fare or to conform to any lawful regulation of the carrier may be ejected from the vehicle by the carrier with as little violence as possible, at any usual stopping place or near a dwelling house. (b) After having ejected a passenger, a carrier may not require the payment of any part of his fare. Subchapter III-Common Carriers of Property § 2621. Liability of inland carriers for loss Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to sections 2444-2446 of this title, for the loss or injury thereof from any cause whatever, except: (1) an inherent defect, vice, or weakness, or a spontaneous action, of the property itself; (2) the act of a public enemy of the United States; (3) the act of the law; or (4) an irresistible superhuman cause. § 2622. Application of exceptions A common carrier is liable, even in the cases excepted by section 2621 of this title, if his want of ordinary care exposes the property to the cause of the loss. § 2623. Liability for delay A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence. § 2624. Valuables; limitation of liability A common carrier of gold, silver, platinum, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of timepieces of any description; of negotiable paper or other valuable writings; of pictures, glass, or chinaware; of statuary, silk or laces; or of plated ware of any kind, is not liable for more than $50 upon the loss or injury of any one package of such articles, unless he has notice, upon his receipt thereof, by mark upon the package, or otherwise, of the nature of the freight; nor is he liable upon any package carried for more than the value of the articles named in the receipt or the bill of lading. § 2625. Delivery of freight beyond usual route If a common carrier accepts freight for a place beyond his usual route, he shall, unless he stipulates otherwise, deliver it at the end of his route in that direction to another competent carrier carrying to the place of address or connected with those who thus carry, and his liability ceases upon making such a delivery. § 2626. Proof in case of loss If freight addressed to a place beyond the usual route of the common carrier who first received it is lost or injured, he shall, within a reasonable time after demand, give satisfactory proof to the consignor, that the loss or injury did not occur while it was in his charge, or he will be himself liable therefor. § 2627. Services other than carriage and delivery In respect of any service rendered about freight by a common carrier, other than its carriage and delivery, his rights and obligations are defined by chapters 49-53 of this title, relating to deposit, and chapters 59-63 of this title, relating to service. 2692. Performance of acts required of principal by this title. 2693. Defrauding principal. 2694. Creation of agency. 2695. Consideration unnecessary. 2696. Oral or written authorizations. 2697. Ratification of part of transaction. 2698. Ratification of agent's act. 2699. When ratification void. 2700. Third persons; effect of ratification. 2701. Rescission of ratification. 2702. Measure of agent's authority. 2703. Actual authority defined. 2704. Ostensible authority defined. 2705. Agent's authority as to persons having notice of restrictions. 2706. Necessary authority. 2707. Power to disobey instructions. 2708. Authority given in general and specific terms. 2709. Exceptions to general authority. 2710. Authority to sell personal property. 2711. Authority of general agent to receive price. 2712. Authority of special agent to receive price. SUBCHAPTER III—MUTUAL OBLIGATIONS OF PRINCIPALS AND THIRD PERSONS 2731. Principal's rights and liabilities from agent's acts. 2732. Incomplete execution of authority. 2733. Notice to principal or agent. 2734. Obligation of principal when agent exceeds authority. 2735. Acts under ostensible authority. 2736. Exclusive credit to agent. 2737. Person dealing with agent without knowledge of agency. 2738. Instrument intended to bind principal. 2739. Principal's responsibility for agent's negligence, wrongful act, or omission. 2740. Responsibility for agent's other wrongs. |