REMOVAL OF PUBLIC (Con.) WAREHOUSE MAN LIABILITY CARRIER UNIFORM RULES AND FREIGHT STORAGE When freight is stored on the premises of the carriers, the storage rules and charges applicable thereto must be published according to law. Public warehousemen are not amenable to the laws governing common carriers, nevertheless their charges for storing freight entrusted to them by common carriers must be reasonable. Property placed in public storage is held under warehouseman liability for loss or damage, and if delivered there by the carrier in good order and condition, the carrier is not in any way responsible for loss or damage occurring thereafter, this being clearly stipulated in the terms of the bill of lading. The carrier, however, will still hold a lien on the property for all freight and other lawful charges. A warehouseman owes to the owner of property placed in his custody the duty of exercising only reasonable care and attention to prevent loss or injury. Full protection against loss or damage can be had by the owner only by properly insuring the property. There is no obligation resting with a warehouseman to place insurance on behalf of the owner, but he may place insurance if so requested by the owner. Cases may arise where a warehouseman will charge the owner for insurance when delivery of goods is accepted by the owner, without any insurance at all having been placed on his behalf. No warehouseman has a right to insure goods on behalf of the owner without specific instructions to do so, and payment for insurance which has not been duly authorized should be declined. The time within which a carrier will hold a shipment for delivery without charge. for storage is called "free time." This is usually forty-eight (48) hours, beginning from the first 7:00 a. m. following the day on which notice of arrival is mailed by the carrier. During that time the liability of the carrier is that of a common carrier; it is responsible for any loss or damage to the property, except such as may be caused by an Act of God, the poublic enemy, authority of law, etc., as provided in their bill of lading terms; and even in those cases the carrier must be free of negligence on its part in order successfully to disclaim responsibility for a loss or damage. After the expiration of the free time, if the property is stored on the carrier's premises, the liability of the carrier is that of warehouseman; as such it is liable only for a want of ordinary care in the custody of the property. The care exercised should be in proportion to the loss likely to be sustained by the lack of such care. The storage charges and rules of the transportation lines are practically uniform. They are published for nearly all lines by the American Railway Association Tariff Bureau, B. T. Jones, Agent, Chicago, Ill. The rules and charges appearing below and on the following pages, to and including page 106, are reproduced from the present Storage Rules and Charges as published by the American Railway Association Tariff Bureau, but they do not purport to be in exact accord with the rules and charges of every transportation line. RULE 1. Freight, including equipment moving on its own wheels, as freight at tariff rate, as described in Rule 5, Section D, received for delivery or held to complete a shipment or for forwarding directions, or for any other purpose of the consignee, consignor or owner, if stored or held in or on the premises or tracks of the railroad, is subject to these storage rules, except as provided in Section D of this rule. Shipments of less-than-carload freight, loaded into or delivered direct from cars, are subject to storage rules, but when the loading or unloading is done by shipper or consignee, either as required by classifications or tariffs, or at request of shipper or consignee, the cars are subject to demurrage rules and storage rules do not apply. NOTE.-Freight which is not liable to damage from the elements and which is not ordinarily handled through freight houses may be stored free, unless otherwise provided, on the vacant land of the railroad, pending shipment, and entirely at owner's risk, provided owner has previously been assigned space as far as available and without distinction. FREIGHT (Con.) NOTIFICATION. FREE TIME STORAGE SECTION A. Freight upon which the free time allowed under demurrage rules has expired while in cars, and subsequently unloaded in or on railroad premises, is subject to these storage rules when unloaded, without free time allowance. SECTION B. Carload shipments of explosives, or other dangerous articles, are subject to both demurrage and storage rules. (See Rule 6.) SECTION C. Carload freight, other than explosives or other dangerous articles, held in cars for delivery and subsequently unloaded in or on railroad premises, is subject to demurrage rules while in cars and to these storage rules after it is unloaded. If unloaded or reloaded by the carrier the actual cost of the service will be in addition to the storage charge. (See Rule 5, Section C.) SECTION D. EXCEPTION. The rules and charges herein will not apply on: 1. Freight stored in warehouses owned and operated by railroads as exclusively storage warehouses. 2. Export or import freight at the port of export or import. 3. Domestic freight received from or intended for delivery to ocean or lake vessels at the port of transshipment. 4. Freight subject to lighterage at seaboard points. 5. Carload lots of Coal, Coke or Ore. 6. Traffic received from the Southern Pacific Co.-Atlantic Steamship Lines, "Morgan Line," at Galveston, Texas, by The Galveston, Harrisburg and San Antonio Ry. Co. For rules to apply, see Galveston, Harrisburg and San Antonio Ry. Co. Tariff, I. C. C. No. 1448, supplements thereto or reissues thereof. RULE 2. SECTION A. Notice shall be sent or given consignee or party entitled to receive same by carrier's agent in writing, or as otherwise agreed to in writing by carrier and consignee, within twenty-four hours (one day) after arrival of shipment and billing at destination, such notice to specify point of shipment and commodity. An impression copy of written notice shall be retained. When notice is sent or given on a postal card, the impression shall be on both sides. When the address of the consignee does not appear on billing and is not known, notice of arrival must be deposited in the United States mail enclosed in a stamped envelope bearing return address, same to be preserved on file if returned. SECTION B. Refused or Unclaimed Freight. 1. Where shipments have been plainly marked with the consignor's name and address, preceded by the word "from," notice shall be immediately sent or given consignor of refusal of lessthan-carload shipments. Unclaimed less-than-carload shipments will be treated as refused after fifteen calendar days from expiration of free time. 2. Notice shall be sent or given the consignor of unclaimed or refused shipments of explosives or other dangerous articles on hand forty-eight hours, provided written request is received for this information by agent at point of origin at time of shipment. Such requests should be plainly written on a rectangular piece of paper of different color from any label required under the Interstate Commerce Commission's regulations and placed on the package in close proximity to such label (or to name of consignee). 3. Where consignor requests that notice of unclaimed or refused shipments be sent by telegraph, this may be only done at his expense. RULE 3. SECTION A. 1. Forty-eight hours' (two days) free time will be allowed on all commodities except the more dangerous explosives, as described in Rule 6, Section A, for the removal of inbound freight from car or railroad premises, or to complete a carload shipment and furnish forwarding directions therefor. EXCEPTION.-On less-than-carload shipments consigned to parties located at interior or at non-railroad points, the following allowance of free time will be made when hauled: 10 miles and not over 20 miles from the station, 5 days. Over 20 miles and not over 30 miles from the station, 10 days. 2. Out-bound less-than-carload freight not accompanied by proper shipping directions which will permit forwarding on date received, will be subject to storage charges from the first 7 A.M. after receipt of the shipment, with no free time allowance. SECTION B. Twenty-four hours' (one day) free time will be allowed: STORAGE 1. On less-than-carload freight held to complete a shipment. 2. On less-than-carload freight held for reshipment. 3. On the more dangerous explosives (as described in Rule 6, Section A), for removal of in-bound freight from car or railroad premises or to complete a carload shipment out-bound and furnish forwarding directions therefor. NOTE.-Out-bound less-than-carload shipments of the more dangerous explosives not accompanied by proper shipping directions which will permit forwarding on the date received, will not be accepted. 4. On carload shipments of explosives and other dangerous articles, as described in Rule 6, reconsigned or reshipped in the same car received; or when such shipments, destined for delivery to or forwarding by a connecting line, are held under tariff regulations for surrender of bill of lading on payment of lawful freight charges. SECTION C. Shipments of Explosives and other dangerous articles as described in Rule 6 in cars which have been loaded on other than "Railroad Premises" (see Note to Rule 6), and such described shipments in cars received from switching lines, held by this railroad for forwarding directions, are subject to the storage charges named in Rule 6 from the first 7 A. M. after they are received until proper forwarding directions are furnished with no free time allowance and without notice, except that cars received from switching lines between 4 P. M. and 7 A. M. will not be subject to storage charges if forwarding directions are received prior to the following 12 noon. RULE 4. SECTION A. In computing time any fractional part of 100 pounds will be computed as 100 pounds and any fractional part of twenty-four hours will be computed as one day. SECTION B. In computing time, Sundays and legal holidays (National, State and Municipal) but not half holidays will be excluded. When a legal holiday falls on a Sunday, the following Monday will be excluded. EXCEPTION.-Will not apply on Florida Intrastate traffic. Section B shown below will apply. SECTION B. (Applies only on Florida Intrastate traffic.) In computing free time, Sundays and legal holidays (National, State and Municipal) will be excluded, except as otherwise provided in Rule 6. When a legal full holiday falls on Sunday, the following Monday will be excluded. SECTION C. On in-bound freight held for removal and on freight held for reconsignment or reshipment, time will be computed from the first 7:00 A.M. after the day on which notice of arrival is sent or given to consignee: (See Rule 7, Section C, paragraph 3.) SECTION D. On outbound freight, time will be computed from the first 7:00 A. M. after receipt in or on railroad premises. SECTION E. On outbound carloads of explosives and other dangerous articles (as described in Rule 6), time will be computed from the first 7:00 A. M. after loading is begun. SECTION F. When orders for freight held for disposition or reconsignment are mailed, such orders will release freight at 7:00 A. M. of the date orders are received at the station where the freight is held, provided the orders are mailed prior to the date received, but orders mailed and received on the same date release freight the following 7:00 A. M. RULE 5. SECTION A. Freight, except Automobiles or other self-propelling vehicles (but not excepting Motorcycles or bicycle motor wheels), held in or on railroad premises in excess of free time allowed, will be subject to the following storage charges per day, or, at option of carrier, may be sent to public warehouses: For each of the first five days, 11⁄2 cents per 100 lbs.; For the sixth and each succeeding day, 3 cents per 100 lbs.; Minimum storage charge per shipment on freight held beyond free time, five (5) days or part thereof, 25 cents; six (6) days or more, 50 cents. SECTION B. After expiration of free time, Automobiles or other self-propelling vehicles (except Motorcycles and bicycle motor wheels) will be subject to a storage charge of three and one-half (32) cents per 100 lbs. per day, with a minimum charge of $1.00 per machine per day for each of the first five (5) days, and $2.00 per machine for each succeeding day, or at option of carrier, may be sent to public warehouses. SECTION C. (a) When carload freight is unloaded by the carrier for the purpose of releasing needed equipment, the storage charge will be the same as would have accrued under car Demurrage and Track Storage Rules had the freight remained in the car. (See Rule 1, Section C.) CHARGES FOR (Con.) STORAGE (b) When carload freight is unloaded in or on railroad premises by or upon request of consignee or consignor, the storage charges shall not exceed the amount that would have accrued under Demurrage and Track Storage Rules had the freight remained in the car. (See Rule 1, Section C.) SECTION D. After the expiration of 48 hours' free time, derrick cars, pile driver cars, camp cars, road construction and asphalt outfits, and other equipment not adapted to or customarily used for revenue freight loading and which ordinarily are not and can not be unloaded, moving on own wheels at freight tariff rates, will be subject to a storage charge of one dollar ($1.00) per car, or other unit of equipment per day, while held on tracks of this railroad. CHARGES FOR RULE 6. Extracts from Regulations Prescribed by the Interstate Commerce Commission. 1. Paragraph 30 (b). "Consignees must remove shipments of dangerous articles from carrier's property within 48 hours after notice of arrival at destination, Sundays and holidays not included. If explosives are not so removed, shipments must be immediately disposed of (1) by storage at the expense of the owner, or (2) by return to the shipper if reasonably safe storage is not available, or (3) by sale, or (4) when necessary to safety, by destruction under supervision of a competent person." 2. Paragraph 31. "When removal of carload or less-than-carload shipments of dangerous articles other than explosives, requiring 'Inflammable' or 'Acid' placards, or red, yellow, green, 'Acid' or 'Poison Gas' labels, from carrier's property has not been made within 48 hours after notice of arrival has been sent or given consignee (Sundays and holidays not included), shipments must be disposed of as follows: (1) Carload shipments (a) by storage on carrier's property; or (b) by storage on other than carrier's property if safe storage on carrier's property is not available; or (c) by sale at expiration of thirty calendar days after notice of arrival has been sent or given consignee, provided consignor has been notified of non-delivery at expiration of 48-hour period and orders for disposition have not been received. (2) Less-than-carload shipments (a) by return to shipper if notice of non-delivery was requested and given consignor as prescribed by carrier's tariff, and orders for return to shipper have been received; or (b) by storage on carrier's property; or (c) by storage on other than carrier's property if safe storage on carrier's property is not available; or (d) by sale at expiration of 30 calendar days after notice of arrival has been sent or given to consignee, provided consignor has been notified of non-delivery at expiration of 48-hour period and orders for disposition have not been received." Storage will be charged at the following rates per day of twenty-four hours or fraction thereof, on Explosives or other dangerous articles, held in or on railroad premises (see Note below) in excess of free time allowed: SECTION A.-More Dangerous Explosives. 1. Twenty-eight and one-half (282) cents per 100 pounds per day, with a minimum charge of 50 cents per shipment, will apply on less-than-carload shipments of the more dangerous explosives as follows: Ammunition for cannon with Electric Blasting Caps. High Explosives. Incendiary Grenades. Rifle Grenades. Smoke Bombs. Smoke Grenades. Smoke Projectiles. Wet Fulminate of Mercury. 2. Five dollars ($5.00) per car per day, in addition to the regular demurrage and track storage charges, will apply on shipments of the more dangerous explosives described in Section A, Paragraph 1, held in cars for or by consignors or consignees, for loading, unloading, forwarding directions or for any other purpose. STORAGE SECTION B.-Less Dangerous and Relatively Safe Explosives. 1. Twelve (12) cents per 100 pounds per day, with a minimum charge of 25 cents per shipment, will apply on less-than-carload shipments of the less dangerous explosives as follows: Ammunition for cannon with Ammunition for cannon with- Smokeless powder for cannon. Ammunition for cannon with sand-loaded projectiles. Ammunition for cannon with Fireworks solid projectiles. (common or Smokeless powder for small Arms. or less-than-carload shipments of dangerous articles other than explosives requiring red, yellow green, "Acid," "Corrosive Liquid," "Tear Gas" or "Poison Gas" I. C. C. labels. 2. Eight (8) cents per 100 pounds per day, with a minimum charge of 25 cents per shipment, will apply on less-than-carload shipments of relatively safe explosives as follows: CLAIMS Combination Primers. Cordeau Detonant. Delay Electric Igniters. Empty Cartridge Bags-Black Fuse Lighters. Instantaneous Fuse. Percussion Caps. Percussion Fuzes Safety Squibs. 3. Two dollars ($2.00) per car per day, in addition to the regular demurrage and track storage charges, will apply on shipments of the less dangerous and relatively safe explosives described in Section B, Paragraphs 1 and 2 of this rule, also on shipments of dangerous articles other than explosives requiring "INFLAMMABLE," "ACID," or "POSION GAS," I. C. C. placards, held in cars for or by consignors or consignees for loaing, unloading, forwarding directions, or for any other purpose. SECTION C. When shipments of explosives and other dangerous articles (see Sections A and B) are not removed from the railroad premises by the consignee within the legal limit (forty-eight hours [two days] after the first 7:00 A. M. following notice of arrival), the most practicable of the steps authorized by Paragraphs 30 (b) and 31, as quoted above, must be taken to secure this removal. When available, powder magazines not on railway property should be utilized for storage of explosives. NOTE. The term "Railroad Premises" as used in this rule, when applicable to shipments held in cars, shall embrace all tracks which this railroad provides for its own uses and purposes or provides for general public use, but shall not embrace tracks that are owned or leased by an industry and located upon property owned or leased by it unless such track is located inside of carrier's right-of-way, yard and terminals. RULE 7. Except as provided in Section F, no storage charges shall be collected under these rules for delays from causes named below. Storage charges assessed or collected under such conditions shall be promptly cancelled or refunded by the carrier. SECTION A.-Weather Interference. Causes. NOTE.-A consignor or consignee shall not be absolved from storage under Section A of this rule if, considering the character of the freight, others similarly situated and under the same conditions, reasonably could and did deliver or remove freight during the same period of time. 1. When the condition of the weather, during the prescribed free time, is such as to make it impossible to complete delivery of out-bound shipments or remove in-bound freight from railroad premises without serious injury to the freight, the free time shall be extended until a total of fortyeight hours (24 hours on freight subject to Rule 3, Section B, Paragraphs 1 and 3) free from such weather interference shall have been allowed. 2. When, because of high water or snow drifts, it is impossible to remove freight from railroad premises during the prescribed free time. (See Note above.) SECTION B.-Demand of Overcharge. When the carrier's agent demands the payment of transportation charges in excess of tariff authority. |