69-11-408. Apportionment of freightage by contract. (1) If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for as much as the carrier delivers.
(2) If a part of the freight is accepted by a consignee without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract.
History: (1)En. Sec. 2844, Civ. C. 1895; re-en. Sec. 5325, Rev. C. 1907; re-en. Sec. 7839, R.C.M. 1921; Cal. Civ. C. Sec. 2140; Field Civ. C. Sec. 1119; re-en. Sec. 7839, R.C.M. 1935; Sec. 8-605, R.C.M. 1947; (2)En. Sec. 2845, Civ. C. 1895; re-en. Sec. 5326, Rev. C. 1907; re-en. Sec. 7840, R.C.M. 1921; Cal. Civ. C. Sec. 2141; Field Civ. C. Sec. 1120; re-en. Sec. 7840, R.C.M. 1935; Sec. 8-606, R.C.M. 1947; R.C.M. 1947, 8-605, 8-606; amd. Sec. 2021, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 69. Public Utilities and Carriers
Chapter 11. Regulation of Carriers
69-11-401. General definitions
69-11-402. Relationship of carrier to consignor and consignee
69-11-403. Acceptance of freight
69-11-404. Delivery of freight
69-11-405. Procedure to terminate carrier's liability
69-11-406. Payment of freightage
69-11-407. Natural increase of freight
69-11-408. Apportionment of freightage by contract
69-11-409. Adjustment of freightage for change in time or place of delivery
69-11-410. Carrier's lien for freightage
69-11-411. Sale of perishable property for freightage
69-11-412. Division of joint rates among carriers
69-11-413. through 69-11-420 reserved
69-11-421. Liability of inland carriers for loss
69-11-422. Permissible limitations on liability
69-11-423. Meaning of delivering carrier
69-11-424. Examination of shipment
69-11-425. Period in which to file claims
69-11-426. Processing of claims for damage
69-11-427. Liability between carriers