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37-2-23
Section 37-2-23 Bills of lading or receipts - Liability for false or second bill of
lading or receipt or for failure to endorse partial delivery. If any transportation company,
not having received things or property for carriage, shall issue or give a bill of lading,
or receipt, as if such things or property had been received, the transportation company engaged
in the business of keeping for shipment, or forwarding, shall issue a receipt for things or
property, not having received them; or if any of such parties shall give or issue a second
bill of lading, or receipt, the original being outstanding, not expressing in such second
bill of lading or receipt that it is a duplicate, or shall surrender such things or property
without receiving and cancelling the bill of lading or receipt issued therefor, or make partial
delivery, without endorsing such partial delivery on such bill of lading or receipt, except
as provided in Section 37-2-25, such transportation company is liable to any...
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7-7-309
Section 7-7-309 Duty of care; contractual limitation of carrier's liability. (a) A carrier
that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree
of care in relation to the goods which a reasonably careful person would exercise under similar
circumstances. This subsection does not affect any statute, regulation, or rule of law that
imposes liability upon a common carrier for damages not caused by its negligence. (b) Damages
may be limited by a term in the bill of lading or in a transportation agreement that the carrier's
liability may not exceed a value stated in the bill or transportation agreement if the carrier's
rates are dependent upon value and the consignor is afforded an opportunity to declare a higher
value and the consignor is advised of the opportunity. However, such a limitation is not effective
with respect to the carrier's liability for conversion to its own use. (c) Reasonable provisions
as to the time and manner of presenting claims...
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7-7-102
Section 7-7-102 Definitions and index of definitions. (a) In this article, unless the
context otherwise requires: (1) "Bailee" means a person that by a warehouse receipt,
bill of lading, or other document of title acknowledges possession of goods and contracts
to deliver them. (2) A "carrier" means a person that issues a bill of lading. (3)
"Consignee" means a person named in a bill of lading to which or to whose order
the bill promises delivery. (4) "Consignor" means a person named in a bill of lading
as the person from which the goods have been received for shipment. (5) "Delivery order"
means a record that contains an order to deliver goods directed to a warehouse, carrier, or
other person that in the ordinary course of business issues warehouse receipts or bills of
lading. (6) "Good faith" means honesty in fact in the conduct or transaction concerned.
(7) "Goods" means all things that are treated as movable for the purposes of a contract
for storage or transportation. (8) "Issuer"...
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37-3-23.1
Section 37-3-23.1 Unenforceability of certain motor vehicle transportation contract
provisions. (a) In this section, the following words shall have the following meanings:
(1) MOTOR CARRIER. The same meaning ascribed in subdivision (10) of Section 37-3-2,
or any successor provision and includes an agent, employee, servant, or independent contractor
of the motor carrier if the agent, employee, servant, or independent contractor provides services
in connection with the particular motor vehicle transportation contract to which subsection
(b) applies. (2) MOTOR CARRIER TRANSPORTATION CONTRACT. A bill of lading, contract, agreement,
or other understanding covering the following: a. The transportation of property for compensation
or hire by the motor carrier. b. Entrance on property by the motor carrier for the purpose
of loading, unloading, or transporting property for compensation or hire. c. A service incidental
to a. or b., including, but not limited to, storage of property. (3) MOTOR...
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7-7-305
Section 7-7-305 Destination bills. (a) Instead of issuing a bill of lading to the consignor
at the place of shipment, a carrier, at the request of the consignor, may procure the bill
to be issued at destination or at any other place designated in the request. (b) Upon request
of any person entitled as against a carrier to control the goods while in transit and on surrender
of possession or control of any outstanding bill of lading or other receipt covering the goods,
the issuer, subject to Section 7-7-105, may procure a substitute bill to be issued
at any place designated in the request. (Prior version of this section added by Acts
1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added
by Act 2004-315, p. 464, §1.)...
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37-2-25
Section 37-2-25 Bills of lading or receipts - Unauthorized sale or transfer of property
prohibited. A transportation company or other person engaged in the business of carriage or
of keeping for shipment, or of forwarding things or property, must not, otherwise than is
authorized by law or by the contract of delivery to him, make sale of things or property entrusted
to him; nor, without the assent in writing of the person to whom he may have given a receipt
or bill of lading, or of the legal holder of such receipt or bill of lading, encumber or transfer
the same; nor must he, otherwise than as may be authorized by the contract of delivery to
him, part with the control or possession of such things or property without the assent in
writing of the person to whom he may have given a receipt or bill of lading, or of the legal
holder of such receipt or bill of lading. (Code 1886, §1177; Code 1896, §4221; Code 1907,
§6134; Code 1923, §10494; Code 1940, T. 48, §136.)...
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7-2-320
Section 7-2-320 C.I.F. and C. & F. terms. (1) The term C.I.F. means that the price
includes in a lump sum the cost of the goods and the insurance and freight to the named destination.
The term C. & F. or C.F. means that the price so includes cost and freight to the named
destination. (2) Unless otherwise agreed and even though used only in connection with the
stated price and destination, the term C.I.F. destination or its equivalent requires the seller
at his own expense and risk to: (a) Put the goods into the possession of a carrier at the
port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation
to the named destination; and (b) Load the goods and obtain a receipt from the carrier (which
may be contained in the bill of lading) showing that the freight has been paid or provided
for; and (c) Obtain a policy or certificate of insurance, including any war risk insurance,
of a kind and on terms then current at the port of shipment in the usual...
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28-4-113
Section 28-4-113 Acceptance for or shipment, transportation, delivery, etc., of prohibited
liquors or beverages from point to point or along public streets or highways within state.
It shall be unlawful for any person, firm, corporation or association, whether a common carrier
or not, to accept from another for shipment, transportation or delivery or to ship, transport
or deliver for another said prohibited liquors or beverages or any of them when received at
one point, place or locality in this state to be shipped or transported to or delivered to
another person, firm or corporation at another point, place or locality in this state, or
to convey or transport over or along any public street or highway any of such prohibited liquors
for another. The provisions of this section shall not apply to those transporting and
delivering to the persons, firms or corporations authorized by law to receive said prohibited
liquors or beverages or any of them. Any person violating any provision of...
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37-3-19
Section 37-3-19 Duty of common carrier to provide service, equipment, and facilities;
rates and charges generally; rules, regulations, and practices; other remedies not extinguished.
(a) It shall be the duty of every common carrier of passengers by motor vehicle to establish
and provide safe and adequate service, equipment and facilities for the intrastate transportation
of passengers in the State of Alabama; to establish, observe and enforce just and reasonable
individual and joint rates, fares and charges and just and reasonable regulations and practices
resulting thereto, and to the issuance, form and substance of tickets and the carrying of
personal sample and excess baggage, the facilities for the transportation, and all other matters
relating to or connected with the intrastate transportation of passengers in the State of
Alabama; and, in case of such joint rates, fares and charges, to establish just, reasonable
and equitable divisions thereof as between the carriers...
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28-4-133
Section 28-4-133 Duty of common carriers, etc., to permit examination of books, records,
papers, etc., in connection with prosecutions under article, etc. In the prosecutions of violations
of this article or any law for the suppression of the evils of intemperance or the promotion
of temperance, any common carrier doing business in the State of Alabama or any person engaged
in the transportation in the state or making deliveries in this state of the liquors mentioned
in Section 28-4-120 or of other prohibited liquors and beverages is required to permit
an examination of all his books, records, papers, bills of lading and accounts pertaining
to the shipment of such liquors by any officer in this state whose duty it is to prosecute
crime or ferret out criminals, when such information is sought for the prosecution of persons
charged with or suspected of crime. (Acts 1915, No. 10, p. 39; Code 1923, §4701; Code 1940,
T. 29, §170.)...
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