40-9-107. Damages for failure to comply.

Statute text

For failure of any common carrier to transport any such shipment within the time required by section 40-9-106, the common carrier issuing the receipt or bill of lading shall pay to the owner, consignee, or other interested party whose interest may appear such actual damages as the owner, consignee, or other interested party may sustain, together with exemplary damages in a sum of not less than one hundred dollars nor more than one thousand dollars, to be fixed by the jury or by the court if the cause is tried without a jury, and such actual and exemplary damages may be sued for and recovered in any court of competent jurisdiction in the district in which the plaintiff resides.

History

Source: L. 21: p. 163, 2. C.L. 2998. CSA: C. 29, 21. CRS 53: 115-12-7. C.R.S. 1963: 115-12-7.

Annotations

 

ANNOTATION

Annotations

Plaintiff required only to make prima facie case of damages. In an action against a carrier by a shipper of livestock, for damages alleged to have been occasioned by failure to transport the stock within the time limit prescribed by the section preceding, it is held that the plaintiff was required only to make out a prima facie case of damages, after which defendants had the burden of establishing the only defense interposed, viz., unconstitutionality of the statute. Freeman v. Boyer Bros., 82 Colo. 509, 261 P. 864 (1927).