Lien of carrier

84-7-307. Lien of carrier. (a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs or, if no charges are stated, a reasonable charge. (b) A lien for charges and expenses under subsection (a) on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under subsection (a) is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority. (c) A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver. History: L. 2007, ch. 90, § 23; July 1, 2008. KANSAS COMMENT, 1996 Subsection (1) states the carrier's statutory lien on the goods for unpaid shipping and other charges. This provision is similar to the warehouseman's lien in 84-7-209; however, the warehouseman's lien is general, whereas the carrier's lien is specific. Subsection (2) extends the carrier's lien in situations involving unsanctioned bailments which the carrier is legally bound to accept, unless the carrier had notice that the consignor lacked authority. This protection is greater than the corresponding protection given to warehousemen under 84-7-209(3)(a). As to wrongful consignments which the carrier is not legally bound to accept, the lien is only effective against the consignor and those who permitted the consignor/bailor to have control. Subsection (3) continues the rule of the common law that the carrier's lien is possessory, but can also be lost by a wrongful refusal to deliver. Revisor's Note: Former section 84-7-307 repealed by L. 2007, ch. 90, § 78 and the number reassigned to the current text.