 Provided, however, That if the loss, damage, or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition...  Reports of Cases Decided in the Supreme Court of the State of North Dakota - Page 544by North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, Joseph Coghlan, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor - 1922Full view - About this book
 | United States. Court of Claims - Law reports, digests, etc - 1927 - 902 pages
...default of the shipper or owner. ***** "7. Except where the loss, damage or injury complained of is due to delay or damage while being loaded or unloaded...damaged in transit by carelessness or negligence, as conditions precedent to recovery, claims must be made in writing to the originating or delivering... | |
 | United States. Court of Claims - Law reports, digests, etc - 1930 - 854 pages
...including freight charges, if paid. " Except where the loss, damage, or injury complained of is due to damage while being loaded or unloaded, or damaged in transit by carelessness or negligence as conditions precedent to recovery, claims must be made in writing to this carrier at the point of... | |
 | United States. Court of Claims - Law reports, digests, etc - 1926 - 1122 pages
...performed or called for by this contract shall be discharged from liability; provided, however, that if loss, damage, or injury complained of was due to delay or damage caused or contributed to by the carrier, or its employees, while being loaded or unloaded, or if damaged... | |
 | Law - 1917 - 498 pages
...proviso is obscure and ungrammatical. less than four months except in case of loss, damage or injury, "due to delay or damage while being loaded or unloaded,...damaged in transit by carelessness or negligence." • It is plain that loss or damage in transit which is not attributable to the carrier's negligence... | |
 | Law reports, digests, etc - 1919 - 2038 pages
...at St. Louis, all claims would be deemed to have been waived, with the proviso, however, that: "If loss, damage, or injury complained of was due to delay or damage caused or contributed to by the carrier, or its employes, while being loaded or unloaded, or if damaged... | |
 | Freeland Gotwalts Hobson, John Weiler Bickel, Abraham Hunsicker Hendricks, Albert Rosenberger Place, Nelson P. Fegley - Law reports, digests, etc - 1922 - 392 pages
...conditions of which read, in part, as follows: "Except where the loss, damage, or injury complained of is due to delay or damage while being loaded or unloaded,...damaged in transit by carelessness or negligence, as conditions precedent to recovery, claims must be made in writing to the originating or delivering... | |
 | Law reports, digests, etc - 1920 - 956 pages
...entitled Bill of Lading Conditions: 'Except where the loss, damage, or injury complained of is due to the delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, as conditions precedent to recovery, claim must be made in writing of the originating or delivering... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1920 - 676 pages
...giving notice of claims than ninety days and for the filing of claims for a shorter period than four months, and for the institution of suits than two...be required as a condition precedent to recovery." Onr interpretation of this amendment is that it prevents the carriers on interstate shipments from... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1922 - 700 pages
...an exception in the requirement of notice of loss "where the loss, damage or injury complained of is due to delay or damage while being loaded or unloaded, or damaged in transit by carelesness or negligence," losses or damages in transit are excepted from the requirement of notice.... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1919 - 1124 pages
...and the bill of lading provision make a double classification of claims, to wit, (1) those for loss due to delay or damage while being loaded or unloaded, or damaged in transit, which we will call transit claims; and (2) those for loss otherwise sustained, which we will call non-transit... | |
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