§ 80110. — Duty to deliver goods.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80110]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 801--BILLS OF LADING
Sec. 80110. Duty to deliver goods
(a) General Rules.--Except to the extent a common carrier
establishes an excuse provided by law, the carrier must deliver goods
covered by a bill of lading on demand of the consignee named in a
nonnegotiable bill or the holder of a negotiable bill for the goods when
the consignee or holder--
(1) offers in good faith to satisfy the lien of the carrier on
the goods;
(2) has possession of the bill and, if a negotiable bill, offers
to indorse and give the bill to the carrier; and
(3) agrees to sign, on delivery of the goods, a receipt for
delivery if requested by the carrier.
(b) Persons to Whom Goods May Be Delivered.--Subject to section
80111 of this title, a common carrier may deliver the goods covered by a
bill of lading to--
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if--
(A) the goods are deliverable to the order of that person;
or
(B) the bill has been indorsed to that person or in blank by
the consignee or another indorsee.
(c) Common Carrier Claims of Title and Possession.--A claim by a
common carrier that the carrier has title to goods or right to their
possession is an excuse for nondelivery of the goods only if the title
or right is derived from--
(1) a transfer made by the consignor or consignee after the
shipment; or
(2) the carrier's lien.
(d) Adverse Claims.--If a person other than the consignee or the
person in possession of a bill of lading claims title to or possession
of goods and the common carrier knows of the claim, the carrier is not
required to deliver the goods to any claimant until the carrier has had
a reasonable time to decide the validity of the adverse claim or to
bring a civil action to require all claimants to interplead.
(e) Interpleader.--If at least 2 persons claim title to or
possession of the goods, the common carrier may--
(1) bring a civil action to interplead all known claimants to
the goods; or
(2) require those claimants to interplead as a defense in an
action brought against the carrier for nondelivery.
(f) Third Person Claims Not a Defense.--Except as provided in
subsections (b), (d), and (e) of this section, title or a right of a
third person is not a defense to an action brought by the consignee of a
nonnegotiable bill of lading or by the holder of a negotiable bill
against the common carrier for failure to deliver the goods on demand
unless enforced by legal process.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
80110(a).............................. 49 App.:88. Aug. 29, 1916, ch. 415, Secs. 8, 9, 16-
19, 39 Stat. 539, 541.
80110(b).............................. 49 App.:89.
80110(c).............................. 49 App.:96.
80110(d).............................. 49 App.:98.
80110(e).............................. 49 App.:97.
80110(f).............................. 49 App.:99.
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In subsection (a), before clause (1), the words ``Except to the
extent a common carrier establishes an excuse provided by law'' are
substituted for ``in the absence of some lawful excuse'' and ``In case
the carrier refuses or fails to deliver the goods, in compliance with a
demand by the consignee or holder so accompanied, the burden shall be
upon the carrier to establish the existence of a lawful excuse for such
refusal or failure'' for clarity and to eliminate unnecessary words. The
word ``must'' is substituted for ``is bound to'' for clarity. The words
``if such a demand is accompanied by'' are omitted as unnecessary
because of the restatement. In clause (1), the word ``lawful'' is
omitted as unnecessary because of the restatement. In clause (2), the
word ``properly'' is omitted as surplus. In clause (3), the word
``agrees'' is substituted for ``A readiness and willingness'' for
clarity. The word ``receipt'' is substituted for ``acknowledgment'' for
consistency. The words ``if such signature'' are omitted as unnecessary.
In subsection (b), before clause (1), the word ``may'' is
substituted for ``is justified . . . in'' because it is more accurate.
In clause (1), the word ``entitled'' is substituted for ``lawfully
entitled'' to eliminate an unnecessary word. In clause (3), before
subclause (A), the word ``if'' is substituted for ``by the terms of
which'' for clarity. In subclause (B), the words ``another indorsee''
are substituted for ``by the mediate or immediate indorsee of the
consignee'' as being inclusive.
In subsection (c), before clause (1), the words ``for his own
benefit'' are omitted as surplus. The words ``nondelivery of'' are
substituted for ``refusing to deliver'' because they are more accurate.
The words ``according to the terms of a bill issued for them'' are
omitted as unnecessary. In clause (1), the words ``directly or
indirectly'' are omitted as unnecessary.
In subsection (d), the word ``person'' is substituted for
``someone'' for consistency in this chapter. The words ``claims title''
are substituted for ``has a claim to the title'' for consistency. The
words ``is not required to'' are substituted for ``shall be excused from
liability for refusing to'' for clarity. The words ``any claimant'' are
substituted for ``either to the consignee or person in possession of the
bill or to the adverse claimant'' to eliminate unnecessary words. The
words ``civil action'' are substituted for ``legal proceedings'' for
consistency with rule 2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.).
In subsection (e), before clause (1), the words ``at least 2'' are
substituted for ``more than one'' for consistency in the revised title
and with other titles of the United States Code. In clause (1), the
words ``civil action'' are substituted for ``an original suit'' for
consistency with rule 2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.). The words ``whichever is appropriate'' are omitted as
unnecessary.
Section Referred to in Other Sections
This section is referred to in section 80111 of this title.
