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Session Laws, 1963
Volume 671, Page 891   View pdf image (33K)
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J. MILLARD TAWES, Governor                        893

weight, load and count" or other words of like purport indicate that
the goods were loaded by the shipper; and if such statement be true
the issuer shall not be liable for damages caused by the improper
loading. But their omission does not imply liability for such damages.

(5) The shipper shall be deemed to have guaranteed to the issuer
the accuracy at the time of shipment of the description, marks, labels,
number, kind, quantity, condition and weight, as furnished by him;
and the shipper shall indemnify the issuer against damage caused
by inaccuracies in such particulars. The right of the issuer to such
indemnity shall in no way limit his responsibility and liability under
the contract of carriage to any person other than the shipper.

7302. Through Bills of Lading and Similar Documents.

(1)   The issuer of a through bill of lading or other document em-
bodying an undertaking to be performed in part by persons acting
as its agents or by connecting carriers is liable to anyone entitled to
recover on the document for any breach by such other persons or
by a connecting carrier of its obligation under the document but to
the extent that the bill covers an undertaking to be performed over-
seas or in territory not contiguous to the continental United States
or an undertaking including matters other than transportation this
liability may be varied by agreement of the parties.

(2)   Where goods covered by a through bill of lading or other
document embodying an undertaking to be performed in part by
persons other than the issuer are received by any such person, he
is subject with respect to his own performance while the goods are
in his possession to the obligation of the issuer. His obligation is
discharged by delivery of the goods to another such person pursuant
to the document, and does not include liability for breach by any
other such persons or by the issuer.

(3)   The issuer of such through bill of lading or other document
shall be entitled to recover from the connecting carrier or such other
person in possession of the goods when the breach of the obligation
under the document occurred, the amount it may be required to pay
to anyone entitled to recover on the document therefor, as may be
evidenced by any receipt, judgment, or transcript thereof, and the
amount of any expense reasonably incurred by it in defending any
action brought by anyone entitled to recover on the document there-
for.

7303. Diversion; Reconsignment; Change of Instructions.

(1) Unless the bill of lading otherwise provides, the carrier may
deliver the goods to a person or destination other than that stated in
the bill or may otherwise dispose of the goods on instructions from

(a)   the holder of a negotiable bill; or

(b)  the consignor on a non-negotiable bill notwithstanding con-
trary instructions from the consignee; or

(c)  the consignee on a non-negotiable bill in the absence of con-
trary instructions from the consignor, if the goods have arrived at
the billed destination or if the consignee is in possession of the bill; or

(d)  the consignee on a non-negotiable bill if he is entitled as
against the consignor to dispose of them.


 

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Session Laws, 1963
Volume 671, Page 891   View pdf image (33K)
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