§ 109 — Liability for damage to property in transit

New York § 109

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 4: Provisions Relating to Common Carriers

Text

§ 109. Liability for damage to property in transit. Every common\ncarrier shall, upon demand, issue either a receipt or bill of lading for\nall property delivered to it for transportation. No contract,\nstipulation or clause in any receipt or bill of lading shall exempt or\nbe held to exempt any common carrier from any liability for loss, damage\nor injury caused by it to property from the time of its delivery for\ntransportation until the same shall have been received at its\ndestination and a reasonable time shall have elapsed after notice to\nconsignee of such arrival to permit the removal of such property. Every\ncommon carrier shall be liable for all loss, damage or injury to\nproperty caused by delay in transit due to negligence while the same is\nbeing carried by it, but in any action to recover for damages sustained\nby delay in transit the burden of proof shall be upon the defendant to\nshow that such delay was not due to negligence. Every common carrier\nshall be liable for loss, damage and injury to property carried as\nbaggage whether in connection with the transportation of the owner or\nnot, up to the full value and regardless of the character thereof, but\nthe value in excess of one hundred and fifty dollars shall be stated\nupon delivery to the carrier, and a written receipt stating the value\nshall be issued by the carrier, who may make a reasonable charge for the\nassumption of such liability in excess of one hundred and fifty dollars\nand for the carriage of baggage exceeding one hundred and fifty pounds\nin weight upon a single ticket or receipt. Nothing in this section shall\ndeprive any holder of such receipt or bill of lading of any remedy or\nright of action which he has under existing law.\n