§ 37-2-62 — Action for Damages

Alabama § 37-2-62

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 2: Transportation Companies
• Art. 1: General Provisions
• Div. 2: Damages for Loss, Injury,or Delay in Delivery

Text

(a) If the value of such goods, property or chattels so lost, destroyed or not delivered, or the amount of damages or injury, where injured, shall not be paid or tendered to such person entitled thereto so presenting such verified claim therefor within the time prescribed in subsection (b) of Section 37-2-61, such person may, on bringing an action therefor and on making proof of such shipment and loss, or destruction, failure to deliver or injury to such goods, chattels or property, and the due presentation of such verified claim, or demand for the value of, or damage to such goods, property or chattels, and that such claim was not for more than such value or injury, and the failure of such transportation company to pay for the same within 60 days from the making of such demand, recover from the said transportation company fourfold damages, suffered by reason of such loss, destruction or injury, unless such loss, destruction or injury is the result of the act of public enemies or the act of God, where the amount of such damages does not exceed $25.00, and twofold damages with interest where the amount of such damages exceeds $25.00 and does not exceed $100.00, and where the damages exceed $100.00 and do not exceed $250.00, one and one-half times the amount of such damages, with interest, and where the damages exceed $250.00, and do not exceed $500.00, one and one-fourth times the amount of such damages, with interest, and where the damages exceed $500.00, one and fifteen one-hundredths times the amount of such damages, with interest.
(b) All actions brought under this division shall be brought within one year after the making of said written demand.

Legislative History

(Code 1907, §§5517, 5519; Code 1923, §§10013, 10015; Code 1940, T. 48, §§167, 169.)