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Page 348 - Except where the loss, damage or injury complained of is due to delay or damage while being loaded or unloaded or damaged in transit by carelessness or negligence as conditions precedent to recovery, claims must be made in writing to the originating or delivering carrier within six months after delivery of the property; or in case of failure to make delivery then within six months after a reasonable time for delivery has elapsed.
Page 38 - Whenever the carrier or carriers, in obedience to such order of the Commission or otherwise, in respect to joint rates, fares, or charges, shall fail to agree among themselves upon the apportionment or division thereof, the Commission may after hearing make a supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto which order shall take effect as a part of the original order.
Page 352 - Act ; nor could the carrier by its conduct give the shipper the right to ignore these terms which were applicable to that conduct and hold the carrier to a different responsibility from that fixed by the agreement made under the published tariffs and regulations. A different view would antagonize the plain policy of the Aot and open the door to the very abuses at which the Act was aimed.
Page 355 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.
Page 453 - All complaints for the recovery of damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after...
Page 351 - Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier issuing this bill of lading, shall be without effect, and this bill of lading shall be enforceable according to its original tenor.
Page 353 - When, therefore, it provided that "every claim cognizable by the Court of Claims shall be forever barred, unless the petition * * * be filed in the court * * * within six years after the claim first accrues," it meant barred from the general jurisdiction of the court to enter judgment against the United States, and not absolutely barred from consideration everywhere, and especially not from examination and settlement in the departments, where claims were and 'till are mostly settled.
Page 321 - This shall be considered constructive placement, (b) When delivery cannot be made on specially designated public delivery tracks on account of such tracks being fully occupied, or from other...
Page 351 - ... to permit a railroad company to plead the statute of limitations as against some and to waive it as against others, would be to prefer some and discriminate against others in violation of the terms of the Commerce Act, which forbids all devices by which such results may be accomplished. The prohibitions of the statute against unjust discrimination relate, not only to inequality of charges and inequality of facilities, but also to the giving of preferences by means of consent judgments or the...