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8-09 Common Carriers of Property

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CHAPTER 8-09COMMON CARRIERS OF PROPERTY8-09-01. Inland carrier's liability - Exception. Unless the consignor accompanies thefreight and retains exclusive control thereof, an inland common carrier of property is liable from<br>the time that the common carrier accepts until that common carrier is relieved from liability<br>pursuant to sections 8-03-05, 8-03-06, 8-03-07, and 8-03-08 for the loss or injury thereof from<br>any cause whatever, except from:1.An inherent defect, vice, or weakness, or spontaneous action of the property itself;2.The act of a public enemy of the United States or of this state;3.The act of the law; or4.Any irresistible superhuman cause.8-09-02. When exceptions do not apply. A common carrier is liable even in the casesexcepted by section 8-09-01 if the common carrier's negligence exposes the property to the<br>cause of the loss.8-09-03. Liability for delay. A common carrier is liable for delay only when it is causedby the common carrier's want of ordinary care and diligence.8-09-04. Valuables must be declared. A common carrier of gold, silver, platinum, orprecious stones, or of imitations thereof, in a manufactured or unmanufactured state, of<br>timepieces of any description, of negotiable paper or other valuable writings, or of pictures, glass,<br>or chinaware, is not liable for more than fifty dollars upon the loss or injury of any one package of<br>such articles, unless the common carrier has notice upon the common carrier's receipt thereof by<br>mark upon the package or otherwise of the nature of the freight.8-09-05. Delivery of freight beyond usual route - Carrier exonerated. If a commoncarrier accepts freight for a place beyond the common carrier's usual route, the common carrier,<br>unless the common carrier stipulates otherwise, shall deliver it at the end of the common carrier's<br>route in that direction to some other competent carrier carrying to the place of address or<br>connected with those who thus carry, and the common carrier's liability ceases upon making<br>such delivery.8-09-06. Must prove delivery to connecting carriers. If freight addressed to a placebeyond the usual route of the common carrier who first received it is lost or injured, the common<br>carrier, within a reasonable time after demand for proof that the loss did not occur while the<br>goods were under the common carrier's control, shall give satisfactory proof to the consignor that<br>the loss or injury did not occur while it was in the common carrier's charge, or the common<br>carrier will be liable therefor.8-09-07.Services other than carriage and delivery.In respect to any servicerendered by a common carrier about freight, other than its carriage and delivery, the common<br>carrier's rights and obligations are defined by titles 34 and 60.8-09-08.Carriers cannot limit common-law liability.Whenever any property isreceived by any common carrier to be transported from one place to another within this state, it is<br>unlawful for the carrier to limit in any way, except as stated in the common carrier's classification<br>schedule, the common carrier's common-law liability with reference to such property while in the<br>common carrier's custody as a common carrier.Such liability must include the absoluteresponsibility of the common carrier for the acts of the common carrier's agents in relation to<br>such property.Page No. 1Document Outlinechapter 8-09 common carriers of property