Page:United States Statutes at Large Volume 108 Part 2.djvu/634

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

108 STAT. 1350 PUBLIC LAW 103-272—JULY 5, 1994 (3) agrees to sign, on delivery of the goods, a receipt for delivery if requested by the carrier. (b) PERSONS TO WHOM GOODS MAY BE DELIVERED.— Subject to section 80111 of this title, a common carrier may deliver the goods covered by a bill of lading to— (1) a person entitled to their possession; (2) the consignee named in a nonnegotiable bill; or (3) a person in possession of a negotiable bill if— (A) the goods are deliverable to the order of that person; or (B) the bill has been indorsed to that person or in blank by the consignee or another indorsee. (c) COMMON CARRIER CLAIMS OF TITLE AND POSSESSION.^A claim by a common carrier that the carrier has title to goods or right to their possession is an excuse for nondelivery of the goods only if the title or right is derived from— (1) a transfer made by the consignor or consignee after the shipment; or (2) the carrier's lien. (d) ADVERSE CLAIMS.—If a person other than the consignee or the person in possession of a bill of lading claims title to or possession of goods and the common carrier fciows of the claim, the carrier is not required to deliver the goods to any claimant until the carrier has had a reasonable time to decide the validity of the adverse claim or to bring a civil action to require all claimants to interplead. (e) INTERPLEADER.— If at least 2 persons claim title to or possession of the goods, the common carrier may— (1) bring a civil action to interplead all known claimants to the goods; or (2) require those claimants to interplead as a defense in an action brought against the carrier for nondelivery. (0 THIRD PERSON CLAIMS NOT A DEFENSE. —Except as provided in subsections (b), (d), and (e) of this section, title or a right of a third person is not a defense to an action brought by the consignee of a nonnegotiable bill of lading or by the holder of a negotiable bill against the common carrier for failure to deliver the goods on demand unless enforced by legal process. §80111. Liability for delivery of goods (a) GENERAL RULES.— ^A common carrier is liable for damages to a person having title to, or right to possession of, goods when— (1) the carrier delivers the goods to a person not entitled to their possession unless the delivery is authorized under section 80110(b)(2) or (3) of this title; (2) the carrier makes a delivery under section 80110(b)(2) or (3) of this title after being requested by or for a person having title to, or right to possession of, the goods not to make the delivery; or (3) at the time of delivery under section 80110(b)(2) or (3) of this title, the carrier has information it is delivering t the goods to a person not entitled to their possession. ! (b) EFFECTIVENESS OF REQUEST OR INFORMATION. — -A request or information is effective under subsection (a)(2) or (3) of this section only if—