69-11-421. Liability of inland carriers for loss. (1) Any common carrier, railroad, or transportation company subject to the provisions of 69-11-421 through 69-11-427, receiving property for transportation from a point in Montana to any other point in Montana, shall issue a receipt or bill of lading for the property and is liable to the lawful holder of the bill of lading for any loss, damage, or injury to the property caused by it or by any common carrier, railroad, or transportation company to which the property may be delivered or over whose line or lines the property may pass within the state when transported on a through bill of lading. A contract, receipt, rule, or other limitation of any character may not exempt the common carrier, railroad, or transportation company from the liability imposed by this section.

(2) Except as provided in 69-11-422, a common carrier, railroad, or transportation company receiving property for transportation from a point in Montana to a point in Montana or any common carrier, railroad, or transportation company delivering property so received and transported is liable to the lawful holder of the receipt or bill of lading or to any party entitled to recover on the receipt or bill of lading, whether the receipt or bill of lading has been issued or not, for the full actual loss, damage, or injury to the property caused by it or by any common carrier, railroad, or transportation company to which the property may be delivered or over whose line or lines the property may pass within the state when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any receipt or bill of lading or in any contract or rule or in any tariff filed with the public service commission. Any limitation, without respect to the manner or form in which it is sought to be made, is unlawful and void, except:

(a) an inherent defect, vice, or weakness or a spontaneous action of the property itself;

(b) the act of a public enemy of the United States or of this state;

(c) the act of the law;

(d) an irresistible superhuman cause;

(e) the act or default of the shipper or owner; or

(f) for natural shrinkage.

(3) Nothing in 69-11-421 through 69-11-426 deprives any holder of a receipt or bill of lading of any remedy or right of action.

(4) The liability imposed by this section also applies in the case of property reconsigned or diverted in accordance with the applicable tariffs filed as provided in this part.

(5) A common carrier is liable, even in the cases excepted by subsection (2), if the carrier's ordinary negligence exposes the property to the cause of the loss.

History: (1) thru (4)En. 8-812.1 by Sec. 1, Ch. 168, L. 1975; Sec. 8-812.1, R.C.M. 1947; (5)En. Sec. 2911, Civ. C. 1895; re-en. Sec. 5354, Rev. C. 1907; re-en. Sec. 7868, R.C.M. 1921; Cal. Civ. C. Sec. 2195; Field Civ. C. Sec. 1155; re-en. Sec. 7868, R.C.M. 1935; Sec. 8-813, R.C.M. 1947; R.C.M. 1947, 8-812.1(part), 8-813; amd. Sec. 17, Ch. 43, L. 1979; amd. Sec. 2024, Ch. 56, L. 2009.