In every case of loss, damage, destruction or failure to deliver any property by a common carrier shipped over its line or any connecting line, the initial, every intermediate and the terminal carrier, upon notice of such loss, damage, destruction or failure to deliver, shall within forty days trace such property lost, damaged or destroyed and inform the person so notifying it when, where and by which carrier the property was lost, damaged or destroyed. Every carrier, failing or refusing to trace such property and inform the notifying party as above stated, within forty days after such notice, shall be liable for the full amount of the claim for loss, damage, destruction or failure to deliver, in the same manner and to the same extent as if such loss, damage, destruction or failure to deliver occurred on its line, and, in addition thereto, a penalty of fifty dollars upon each claim, to be recovered in any court of competent jurisdiction in the same action with the claim or in a separate action. The claimant shall also be entitled to recover interest on his claim from the date of filing it. If such initial, intermediate or terminal carrier upon the trial of the case shall prove that it exercised due diligence and was unable to trace the property and inform the person notifying it as above provided, it shall thereupon be excused from liability under this section. The action authorized hereunder may be commenced in any county in the State in which the carrier with which the claim is filed is engaged in business.
HISTORY: 1962 Code Section 58-572; 1952 Code Section 58-572; 1942 Code Section 7164; 1932 Code Section 7164; Civ. C. '22 Section 3886; Civ. C. '12 Section 2572; Civ. C. '02 Section 1710; 1894 (21) 822; 1910 (26) 717.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 13 - Carriers Generally
Section 58-13-10. Opening or injuring package, parcel or baggage by employee of carrier unlawful.
Section 58-13-20. Wilful or reckless injury to baggage by baggage master unlawful.
Section 58-13-40. Certain provisions not applicable to water carriers.
Section 58-13-120. Penalty for failure to transport promptly.
Section 58-13-130. Carriers not liable for certain delays.
Section 58-13-140. Statement as to delays furnished on demand.
Section 58-13-230. Only one penalty recoverable on same cause.
Section 58-13-240. Connecting lines of common carriers defined and their liability fixed.
Section 58-13-250. Liability of connecting carriers; recovery from carriers actually responsible.
Section 58-13-260. Measure of damages for conversion of property by common carrier.
Section 58-13-270. Carriers denying liability shall return papers connected with claim.
Section 58-13-410. Lien of carriers on goods or chattels for carrying charges; enforcement.
Section 58-13-420. Notification of charges; delivery of freight on payment.
Section 58-13-430. Settlement of freight charges by common carriers.
Section 58-13-440. Time and place in which freight adjustments shall be made; liability of carrier.
Section 58-13-450. Returns and remittances on C. O. D. shipments.
Section 58-13-610. Public sale of unclaimed or refused freight.
Section 58-13-620. Perishable freight.
Section 58-13-640. Records of sales; disposition of surplus.
Section 58-13-710. "Explosive compound" defined.
Section 58-13-750. Magistrates may issue search warrants for explosive compound.
Section 58-13-760. Forfeiture of explosive compound after seizure.
Section 58-13-770. Action for damages for injury caused by explosive compound.
Section 58-13-910. Appointment of special officers or constables for protection of common carriers.
Section 58-13-920. Term and powers, duties and responsibilities of special officers or constables.