§11710. Liability when property is delivered in violation of routing instructions
(a)(1) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title diverts or delivers property to another carrier in violation of routing instructions in the bill of lading, both of those carriers are jointly and severally liable to the carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2) A carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Commission.
(3) A carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that carrier.
(b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11710 | 49:15(11). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "When a carrier . . . diverts or delivers property" are substituted for "Whenever property is diverted or delivered by one carrier" for clarity. The words "in violation of routing instructions" are substituted for "contrary to routing instructions" for clarity. The words "both of those carriers are" substituted for "such carriers shall . . . be" for clarity. The words "in a suit or action in any court of competent jurisdiction" are omitted as unnecessary in view of sections 1336 and 1337 of title 28. The words "A carrier is not liable under paragraph (1) of this subsection" are added for clarity. The word "lawful" is omitted as surplus. The word "rule" is omitted as included in "regulation". The word "rate" is substituted for "rate or charge" in view of the definition of "rate" in section 10102 of the revised title.
In subsection (b), the last sentence is substituted for "to be taxed in the case" for clarity.