Attorneys' Fees for Property Loss Or Damage: Hearing, Ninety-first Congress, Second Session ... September 29 and 30, 1970
United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Transportation and Aeronautics
U.S. Government Printing Office, 1971 - Freight and freightage - 123 pages
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action Adams addition allowed amend American amount Association attorneys award basis believe bill BREITHAUPT cause Chairman claimant collected Commission committee common carrier CONGRESS THE LIBRARY costs court damage claims defendant delay DINGELL enactment expense fact Federal Feed filed freight Freight Claim give going grain handling hearings HENNESSEY House industry Interstate Commerce Act involved judgment KOBER KUYKENDALL legislation liability LIBRARY OF CONGRESS limitation litigation loss and damage loss or damage matter Merchant motor paid particular party payment percent plaintiff practices present problem proposed question rail railroads reasonable attorney's fee received record recover recovery referred regulations representing respect result rule scrap Senate settle settlement ship shipments shipper statement statute subcommittee successful suggested suit Thank thing tion transportation Washington weight WILEY witnesses
Page 91 - That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful...
Page 27 - That the common carrier, railroad, or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier, railroad, or transportation company on whose line the loss, damage or injury shall have been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.
Page 88 - ... together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.
Page 59 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 93 - ... to be paid out of but not in addition to the amount of judgment, award, or settlement recovered, to the attorneys representing the claimant.
Page 37 - No carrier is bound to transport said property by any particular train or vessel, or in time for any particular market or otherwise than with reasonable dispatch.
Page 89 - Any employer who violates the provisions of section 6 or section 7 of this Act shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages.
Page 4 - Commission shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.
Page 59 - States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void...
Page 90 - ... participated in the haul of the property. The carrier to which the property is thus diverted shall not be liable in such suit or action if it can show, the burden of proof being upon it, that before carrying the property it had no notice, by bill of lading, waybill or otherwise, of the routing instructions. In any judgment which may be rendered the plaintiff shall be allowed to recover against the defendant a reasonable attorney's fee to be taxed in the case.