N.Y. Transportation Law Section 109
Liability for damage to property in transit

Every common carrier shall, upon demand, issue either a receipt or bill of lading for all property delivered to it for transportation. No contract, stipulation or clause in any receipt or bill of lading shall exempt or be held to exempt any common carrier from any liability for loss, damage or injury caused by it to property from the time of its delivery for transportation until the same shall have been received at its destination and a reasonable time shall have elapsed after notice to consignee of such arrival to permit the removal of such property. Every common carrier shall be liable for all loss, damage or injury to property caused by delay in transit due to negligence while the same is being carried by it, but in any action to recover for damages sustained by delay in transit the burden of proof shall be upon the defendant to show that such delay was not due to negligence. Every common carrier shall be liable for loss, damage and injury to property carried as baggage whether in connection with the transportation of the owner or not, up to the full value and regardless of the character thereof, but the value in excess of one hundred and fifty dollars shall be stated upon delivery to the carrier, and a written receipt stating the value shall be issued by the carrier, who may make a reasonable charge for the assumption of such liability in excess of one hundred and fifty dollars and for the carriage of baggage exceeding one hundred and fifty pounds in weight upon a single ticket or receipt. Nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.

Source: Section 109 — Liability for damage to property in transit, https://www.nysenate.gov/legislation/laws/TRA/109 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

95
Application of article 96
Safe and adequate service 97
Switch and side-track connections 97‑A
Rules and instructions for flag protection for stopped railroad trains 98
Tariff schedules 99
Changes in fares and charges 100
Concurrence in joint tariffs 101
Unjust discrimination 102
Unreasonable preference 103
Transportation prohibited until publication of schedules 104
Free transportation on municipal ferries of soldiers, sailors and marines in uniform 105
False billing by carrier or shipper 105‑A
Immunity from civil liability for employees of public transportation authorities who render assistance to victims of crime 106
Discrimination prohibited 107
Long and short hauls 108
Distribution of cars 109
Liability for damage to property in transit 110
Continuous carriage 111
Liability for damage 112
Routing of shipments by shipper of goods

Up to date

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 109’s source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._transportation_law_section_109

Original Source: Section 109 — Liability for damage to property in transit, https://www.nysenate.gov/legislation/laws/TRA/109 (last accessed Aug. 20, 2023).

N.Y. Transportation Law Section 109 Liability for damage to property in transit

N.Y. Transportation Law Section 109
Liability for damage to property in transit