§ 58-13-440 — Time and place in which freight adjustments shall be made; liability of carrier.

Every claim for freight overcharged or for loss of or damage to property and baggage while in the possession of such common carrier shall be adjusted and paid within thirty days, in the case of shipments wholly within this State, and within forty days, in case of shipments from without this State, after the filing of such claim with the agent of such carrier at the point of destination of such shipment and when there is no agent at such point such claim may be filed with the agent at the nearest station to such point of destination having an agent. But no such claim shall be filed until after the arrival of the shipment, or of some part thereof, at the point of destination or until after the lapse of a reasonable time for the arrival thereof. In every case such common carrier shall be liable for the amount of such loss or damage, together with interest thereon from the date of the filing of the claim therefor until the payment thereof. Failure to adjust and pay such claim within the periods respectively herein prescribed shall subject the common carrier so failing to a penalty of fifty dollars for each and every such failure, to be recovered by any consignee aggrieved in any court of competent jurisdiction. But unless such consignee recovers in such action the full amount claimed no penalty shall be recovered, but only the actual amount of the loss or damage, with interest as aforesaid. No common carrier shall be liable under this section for property which never came into its possession if it complies with the provisions of Section 58-13-220.

Legislative History

HISTORY: 1962 Code SECTION 58-594; 1952 Code SECTION 58-594; 1942 Code SECTION 7165; 1932 Code SECTION 7165; Civ. C. '22 SECTION 3887; Civ. C. '12 SECTION 2573; Civ. C. '02 SECTION 1711; 1897 (22) 443; 1903 (24) 81; 1908 (25) 1077; 1910 (26) 719.