69-11-409. Adjustment of freightage for change in time or place of delivery. (1) If a consignee voluntarily receives freight at a place short of the place appointed for delivery, the carrier is entitled to a just proportion of the freightage according to distance. If the carrier is ready and willing and offers to complete the transit, the carrier is entitled to the full freightage. If the carrier does not offer completion and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage.
(2) If freight is carried further or more expeditiously than was agreed upon by the parties, the carrier is not entitled to additional compensation and cannot refuse to deliver the freight, on demand of the consignee, at the place and time of its arrival.
History: (1)En. Sec. 2846, Civ. C. 1895; re-en. Sec. 5327, Rev. C. 1907; re-en. Sec. 7841, R.C.M. 1921; Cal. Civ. C. Sec. 2142; Field Civ. C. Sec. 1121; re-en. Sec. 7841, R.C.M. 1935; Sec. 8-607, R.C.M. 1947; (2)En. Sec. 2847, Civ. C. 1895; re-en. Sec. 5328, Rev. C. 1907; re-en. Sec. 7842, R.C.M. 1921; Cal. Civ. C. Sec. 2143; Field Civ. C. Sec. 1122; re-en. Sec. 7842, R.C.M. 1935; Sec. 8-608, R.C.M. 1947; R.C.M. 1947, 8-607, 8-608; amd. Sec. 2022, 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