49 U.S.C. § 11707 — Liability when property is delivered in violation of routing instructions

FEDERAL · 49 U.S.C. · Chapter 117

Liability when property is delivered in violation of routing instructions

49 U.S.C. § 11707

Chapter117 — ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

This text of 49 U.S.C. § 11707 (Liability when property is delivered in violation of routing instructions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

49 U.S.C. § 11707.

Text

(a)(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.

(2)A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.

(3)A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before trans

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(a)(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.
(3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.
(b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.

National Railroad Passenger Corporation (Amtrak), Csx Transportation, Inc., Plaintiffs-Cross-Defendants-Counter-Defendants-Cross-Appellants-Cross-Appellees, American Home Assurance Company, F.U.B.O. Stewart and Stevenson Services, Inc., Plaintiff-Appellant-Cross-Appellee v. Rountree Transport and Rigging, Inc., Defendant-Cross-Defendant-Appellee, Kissimmee Utility Authority, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant-Appellee-Cross-Appellant, Woko Transportation, Black and Veatch, Defendants-Cross-Claimants-Cross-Defendants-Counter-Claimants-Counter-Defendants-Third-Party-Plaintiffs-Third-Party-Defendants-Appellees, Florida Municipal Power Agency, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant-Appellee-Cross-Appellant, General Electric Company, Inc., Consolidated Defendant-Third-Party Defendant-Appellee-Cross-Appellant, Stewart and Stevenson Services, Inc., Movant-Cross-Appellant. American Home Assurance Company, F.U.B.O. Stewart and Stevenson Services, Inc., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee v. National Railroad Passenger Corporation (Amtrak), Csx Transportation, Inc., Defendants-Appellees-Cross-Appellants, Rountree Transport and Rigging, Inc., Defendant-Cross-Defendant-Appellee, Kissimmee Utility Authority, Defendant-Appellee-Cross-Appellant, Florida Municipal Power Agency, Movant-Appellee-Cross-Appellant, General Electric Co., Movant-Appellee-Cross-Appellant, Stewart and Stevenson Services, Inc., Movant-Cross-Appellant. National Railroad Passenger Corporation (Amtrak), Csx Transportation, Inc., Plaintiffs-Cross-Defendants-Counter-Defendants, J.E. Bedgood, Jr., Linda Bedgood, American Home Assurance Company, F.U.B.O. Stewart and Stevenson Services, Inc. v. Rountree Transport and Rigging, Inc., Defendant-Cross-Defendant-Appellee, Kissimmee Utility Authority, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant, Woko Transportation, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant, Black and Veatch, Defendants-Cross-Claimants-Cross-Defendants-Counter-Claimants-Counter-Defendants-Third-Party-Plaintiffs-Third-Party-Defendants-Appellants, Florida Municipal Power Agency, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant, General Electric Co., Third-Party-Defendant-Appellee

286 F.3d 1233 (Third Circuit, 2002)

13 case citations

Mr. Sprout, Inc. v. United States

8 F.3d 118 (Second Circuit, 1993)

12 case citations

American Eye Way, Inc. v. Roadway Package System, Inc.

875 F. Supp. 820 (S.D. Florida, 1995)

9 case citations

North American Van Lines, Inc. v. Pinkerton Security Systems, Inc.

89 F.3d 452 (Seventh Circuit, 1996)

8 case citations

Jones v. Yellow Freight System, Inc.

656 F. Supp. 550 (M.D. Georgia, 1987)

8 case citations

Illinois Central Gulf Railroad Company v. Southern Rock, Inc.

644 F.2d 1138 (Fifth Circuit, 1981)

8 case citations

Tokio Marine & Fire Insurance Group v. J.J. Phoenix Express, Ltd.

156 F. Supp. 2d 889 (N.D. Illinois, 2001)

7 case citations

Wirth, Ltd. v. Silvretta

575 F. Supp. 1274 (N.D. Illinois, 1984)

7 case citations

Joe R. Whatley, Jr. v. Canadian Pacific Railway Ltd.

904 F.3d 614 (Eighth Circuit, 2018)

5 case citations

Earl's Offset Sales & Service Co. v. Bekins/EDC, Inc.

903 F. Supp. 1148 (S.D. Texas, 1995)

4 case citations

People Who Care v. Rockford Board of Education, School District 205

851 F. Supp. 905 (N.D. Illinois, 1994)

4 case citations

Canon USA, Inc. v. Norfolk Southern Railway Co.

936 F. Supp. 968 (N.D. Georgia, 1996)

4 case citations

Hicks v. BHY Trucking, Inc.

665 P.2d 253 (Nevada Supreme Court, 1983)

4 case citations

Source Credit

History

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 849.)

Editorial Notes

Editorial Notes

Prior Provisions
Provisions similar to those in this section were contained in section 11710 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11707 to 11712 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1453; Pub. L. 96–258, §1(14), June 3, 1980, 94 Stat. 427; Pub. L. 96–296, §26(b), July 1, 1980, 94 Stat. 818; Pub. L. 96–448, title II, §211(c), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, §12(d), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, §9114, Nov. 18, 1988, 102 Stat. 4535, related to liability of common carriers under receipts and bills of lading. See sections 11706, 14706, and 15906 of this title.
Section 11708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454; Pub. L. 99–521, §12(e)(1), (2), Oct. 22, 1986, 100 Stat. 2998, related to private enforcement of motor carrier and household goods freight forwarder licensing requirements. See section 14707 of this title.
Section 11709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454, related to liability for issuance of securities by certain carriers.
Section 11710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455, related to liability when property is delivered in violation of routing instructions. See section 11707 of this title.
Section 11711, added Pub. L. 96–454, §7(a)(1), Oct. 15, 1980, 94 Stat. 2016; amended Pub. L. 97–261, §6(d)(2), Sept. 20, 1982, 96 Stat. 1107, related to dispute settlement program for household goods carriers. See section 14708 of this title.
Section 11712, added Pub. L. 103–180, §4(a), Dec. 3, 1993, 107 Stat. 2049, related to tariff reconciliation rules for motor common carriers of property. See section 14709 of this title.

Statutory Notes and Related Subsidiaries

Effective Date
Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

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Bluebook (online)

49 U.S.C. § 11707, Counsel Stack Legal Research, https://law.counselstack.com/usc/49/11707.