230

LAWS OF MARYLAND

[Ch. 49

weight, load and count" or other words indicating that
the description was made by the shipper are ineffective
except as to freight concealed by packages.

(3) When bulk freight is loaded by a shipper who
makes available to the issuer adequate facilities for
weighing such freight, an issuer who is a common carrier
must ascertain the kind and quantity within a reasonable
time after receiving the written request of the shipper
to do so. In such cases "shipper's weight" or other
words of like purport are ineffective.

(4) The issuer may by inserting in the bill the
words "shipper's 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.

7—302. Through bills of lading and similar documents.

(1)   The issuer of a through bill of lading or other
document embodying 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 overseas 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.