§80112 — Title 49 Transportation | U.S. Code

Summary

Carriers may not issue negotiable bills of lading (shipping papers that can be bought or sold) in parts or sets for shipments to the 48 contiguous States or the District of Columbia. If they do, or if at least 2 bills are issued and the copies are not plainly marked "duplicate" (or a similar word), the carrier must pay damages to a person who paid for one of the parts or an unmarked copy in good faith, even if the goods were already delivered to someone holding another part or the original.

Title 49, §80112

Transportation — Source: USLM XML via OLRC

(a)A negotiable bill of lading issued in a State for the transportation of goods to a place in the 48 contiguous States or the District of Columbia may not be issued in parts or sets. A common carrier issuing a bill in violation of this subsection is liable for damages for failure to deliver the goods to a purchaser of one part for value in good faith even though the purchase occurred after the carrier delivered the goods to a holder of one of the other parts.

(b)When at least 2 negotiable bills of lading are issued in a State for the same goods to be transported to a place in the 48 contiguous States or the District of Columbia, the word “duplicate” or another word indicating that the bill is not an original must be put plainly on the face of each bill except the original. A common carrier violating this subsection is liable for damages caused by the violation to a purchaser of the bill for value in good faith as an original bill even though the purchase occurred after the carrier delivered the goods to the holder of the original bill.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 80112(a)49 App.:84.Aug. 29, 1916, ch. 415, §§ 4, 5, 39 Stat. 539. 80112(b)49 App.:85. In this section, the words “48 contiguous States or the District of Columbia” are substituted for “United States on the Continent of North America, except Alaska and Panama” and the text of 49 App.:84 (proviso) and 85 (proviso) for clarity. In subsection (a), the words “If so issued” and “described therein” are omitted as surplus. The word “occurred” is added for clarity.

§80112 Liability under negotiable bills issued in parts, sets, or duplicates

Summary

Title 49, §80112

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata