Duty to deliver goods

49 U.S.C. § 80110

• Title: 49 — Transportation
• Chapter: 801 — BILLS OF LADING

Text

(a) General Rules.—Except to the extent a common carrier establishes an excuse provided by law, the carrier must deliver goods covered by a bill of lading on demand of the consignee named in a nonnegotiable bill or the holder of a negotiable bill for the goods when the consignee or holder—
(1) offers in good faith to satisfy the lien of the carrier on the goods;
(2) has possession of the bill and, if a negotiable bill, offers to indorse and give the bill to the carrier; and
(3) agrees to sign, on delivery of the goods, a receipt for delivery if requested by the carrier.
(b) Persons to Whom Goods May Be Delivered.—Subject to section 80111 of this title, a common carrier may deliver the goods covered by a bill of lading to—
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if—
(A) the goods are deliverable to the order of that person; or
(B) the bill has been indorsed to that person or in blank by the consignee or another indorsee.
(c) Common Carrier Claims of Title and Possession.—A claim by a common carrier that the carrier has title to goods or right to their possession is an excuse for nondelivery of the goods only if the title or right is derived from—
(1) a transfer made by the consignor or consignee after the shipment; or
(2) the carrier's lien.
(d) Adverse Claims.—If a person other than the consignee or the person in possession of a bill of lading claims title to or possession of goods and the common carrier knows of the claim, the carrier is not required to deliver the goods to any claimant until the carrier has had a reasonable time to decide the validity of the adverse claim or to bring a civil action to require all claimants to interplead.
(e) Interpleader.—If at least 2 persons claim title to or possession of the goods, the common carrier may—
(1) bring a civil action to interplead all known claimants to the goods; or
(2) require those claimants to interplead as a defense in an action brought against the carrier for nondelivery.
(f) Third Person Claims Not a Defense.—Except as provided in subsections (b), (d), and (e) of this section, title or a right of a third person is not a defense to an action brought by the consignee of a nonnegotiable bill of lading or by the holder of a negotiable bill against the common carrier for failure to deliver the goods on demand unless enforced by legal process.

History

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)

Editorial Notes

In subsection (a), before clause (1), the words "Except to the extent a common carrier establishes an excuse provided by law" are substituted for "in the absence of some lawful excuse" and "In case the carrier refuses or fails to deliver the goods, in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure" for clarity and to eliminate unnecessary words. The word "must" is substituted for "is bound to" for clarity. The words "if such a demand is accompanied by" are omitted as unnecessary because of the restatement. In clause (1), the word "lawful" is omitted as unnecessary because of the restatement. In clause (2), the word "properly" is omitted as surplus. In clause (3), the word "agrees" is substituted for "A readiness and willingness" for clarity. The word "receipt" is substituted for "acknowledgment" for consistency. The words "if such signature" are omitted as unnecessary.
In subsection (b), before clause (1), the word "may" is substituted for "is justified . . . in" because it is more accurate. In clause (1), the word "entitled" is substituted for "lawfully entitled" to eliminate an unnecessary word. In clause (3), before subclause (A), the word "if" is substituted for "by the terms of which" for clarity. In subclause (B), the words "another indorsee" are substituted for "by the mediate or immediate indorsee of the consignee" as being inclusive.
In subsection (c), before clause (1), the words "for his own benefit" are omitted as surplus. The words "nondelivery of" are substituted for "refusing to deliver" because they are more accurate. The words "according to the terms of a bill issued for them" are omitted as unnecessary. In clause (1), the words "directly or indirectly" are omitted as unnecessary.
In subsection (d), the word "person" is substituted for "someone" for consistency in this chapter. The words "claims title" are substituted for "has a claim to the title" for consistency. The words "is not required to" are substituted for "shall be excused from liability for refusing to" for clarity. The words "any claimant" are substituted for "either to the consignee or person in possession of the bill or to the adverse claimant" to eliminate unnecessary words. The words "civil action" are substituted for "legal proceedings" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (e), before clause (1), the words "at least 2" are substituted for "more than one" for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "civil action" are substituted for "an original suit" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "whichever is appropriate" are omitted as unnecessary.