HomeMy WebLinkAbout2551 their actual damages or loss of the goods shipped. This
question is governed by Title 49, USCA, X20(11). This statute
provides that the common carrier is liable for the full actual
loss, damage or injury to the property being shipped, provided
however, that this provision does not apply to property which
the carrier shall have been or shall be expressly authorized
or required by order of the Interstate Commerce Commission to
establish and maintain rates dependent upon value declared in
writing by the shipper or agreed upon in writing as the re-
leased value of the property, in which case, such declaration
or agreement limits liability or recovery to an amount not ex-
ceeding the valuation so declared or released. In this case,
the tariff was filed and the Defendant did come under this ex-
ception. Therefore, the maximum liability of the Defendant in
this case is X250.00. It is thereupon
ORDERED and ADJUDGED that Defendant's motion for a
partial summary 3udgment is granted and Defendant's maximum
liability in this case is limited to X250.00. It is further
ORDERED and ADJUDGED that trial on the issue as to
whether this Defendant's liability is limited to b50.00 shall
be set upon motion filed by either party. This trial shall .
determine the question of whether a greater value than a5A.00
was declared by the Plaintiffs at the time of the shipment and-
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whether Plaintiffs paid an excess value charge.
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DONE and ORDERED in Vero Beach, Indian River County,
Florida this ay of March, 1979.
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Copies furnished to.
Osborne W. O'Quinn, Esq. . ~ _ ~
Emory C. Teel III, Esq. _ ~
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