§80111 — Title 49 Transportation | U.S. Code

Summary

Makes a common carrier (a company that transports goods) pay damages to anyone who owns or has the right to possess goods if the carrier delivers the goods to someone who is not entitled to them, unless delivery is allowed under section 80110(b)(2) or (3). The carrier also must pay if it makes such an allowed delivery after the owner asked it not to, or if, when it delivered, the carrier had information the recipient was not entitled to the goods. A request or information only counts if it was given to a carrier officer or agent who has authority to act and had time, with reasonable effort, to stop the delivery. If a negotiable bill of lading was issued, the carrier must pay damages if it delivers the goods without taking and canceling that bill, including when someone bought the bill in good faith for value, and also if it delivers only part of the goods without canceling or noting the partial delivery. The carrier is not liable when delivery was forced by legal process, when the goods were lawfully sold to satisfy the carrier’s lien, when the goods were not claimed, or when the goods are perishable or hazardous.

Title 49, §80111

Transportation — Source: USLM XML via OLRC

(a)A common carrier is liable for damages to a person having title to, or right to possession of, goods when—

(1)the carrier delivers the goods to a person not entitled to their possession unless the delivery is authorized under section 80110(b)(2) or (3) of this title;

(2)the carrier makes a delivery under section 80110(b)(2) or (3) of this title after being requested by or for a person having title to, or right to possession of, the goods not to make the delivery; or

(3)at the time of delivery under section 80110(b)(2) or (3) of this title, the carrier has information it is delivering the goods to a person not entitled to their possession.

(b)A request or information is effective under subsection (a)(2) or (3) of this section only if—

(1)an officer or agent of the carrier, whose actual or apparent authority includes acting on the request or information, has been given the request or information; and

(2)the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods.

(c)Except as provided in subsection (d) of this section, if a common carrier delivers goods for which a negotiable bill of lading has been issued without taking and canceling the bill, the carrier is liable for damages for failure to deliver the goods to a person purchasing the bill for value in good faith whether the purchase was before or after delivery and even when delivery was made to the person entitled to the goods. The carrier also is liable under this paragraph if part of the goods are delivered without taking and canceling the bill or plainly noting on the bill that a partial delivery was made and generally describing the goods or the remaining goods kept by the carrier.

(d)A common carrier is not liable for failure to deliver goods to the consignee or owner of the goods or a holder of the bill if—

(1)a delivery described in subsection (c) of this section was compelled by legal process;

(2)the goods have been sold lawfully to satisfy the carrier’s lien;

(3)the goods have not been claimed; or

(4)the goods are perishable or hazardous.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 80111(a)49 App.:90 (less last par.).Aug. 29, 1916, ch. 415, §§ 10–12, 26, 39 Stat. 540, 542. 80111(b)49 App.:90 (last par.). 80111(c)49 App.:91 (words after 2d comma). 49 App.:92 (words after 2d comma). 80111(d)49 App.:91 (words before 2d comma). 49 App.:92 (words before 2d comma). 49 App.:106. In subsection (a), before clause (1), the word “title” is substituted for “right of property” for consistency in this chapter. In subsection (c), the words “negotiable bill of lading” are substituted for “order bill . . . the negotiation of which would transfer the right to the possession of the goods” in 49 App.:91 for consistency in this chapter.

§80111 Liability for Delivery of Goods

Summary

Title 49, §80111

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata