The Law of Loss and Damage Claims: Including the Cummins Amendment, Bill of Lading Act, Twenty-Eight Hour Law, and Standard Claim Forms (Classic Reprint) - Hardcover

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Excerpt from The Law of Loss and Damage Claims<br/><br/>The Carmack amendment of 1906 made the initial carrier lia ble for injury to a shipment no matter where caused. The Cum mins Amendment abolishes all limitations of liability, and now recently, the Bill of Lading Act has still further occupied the field by defining more specifically the rights and liabilities grow ing out of the transfer and negotiation of the bill of lading. Since the bill of lading is filed as part of the tariffs and practical ly defines all the conditions governing the shipment, it is sub mitted, that when once the Interstate Commerce Commission approves a form of bill of lading, any question arising there under will have to be determined solely with reference to federal law. Indeed' it would seem that such is the case at the present time, although some state courts hold that questions under the bill of lading, since no form has yet been approved or ordered to be adopted by the Commission, may still be determined by state law.

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