This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
THE X. Y. RAILWAY COMPANY
Straight Bill of Lading-Original-Not Negotiable.
These Railroads do not accept for transportation Money, Gold, Silverware, Valuable Papers or Paintings nor any articles of extraordinary value unless special arrangements are made.
Shipper's No. ---------.
Agent's No. ---------.
Received, subject to the classification and tariffs in effect on the date of issue of this Original Bill of Lading, at---------, 19-, from A. B., the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned and destined as indicated below, which the X. Y. Railway Company agrees to carry to its usual place of delivery at said destination, if on these roads, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions, whether printed or written, herein contained (including conditions on back hereof) and which are agreed to by the shipper and accepted for himself and his assigns.
Freight transported under this bill of lading, in addition to rates named from point of origin to point of destination will be subject to such charges and entitled to 6uch privileges as are set forth in tariffs published by the X. Y. Railway Company, or by connecting lines and lawfully on file with the Interstate Commerce Commission, relating to car service, inspection, mileage on private cars, reconsigning, storage, switching, weighing or other transit or terminal privileges or requirements, which in any way increase or decrease the value of the service to the shipper.
The Rate of Freight from---------to---------is in Cents per 100 1bs.
IF Special par......... | IF Special par.................. | |||||||||||
IF. .Times 1st Class | IF 1st Glass | IF 2nd Class | IF 3rd Class | IF 4th Class | IF 5th Class | IF Class A | IF ClassB | IF ClassC | IF Class D | IF Class E | ||
(Mail Address - Not for purposes of Delivery.)
Consigned to C. D.
Destination------------------------------, State of------------------, County of------------------,
Route ------------------------------------, Car Initial ------------------, Car No. ------------------.
No. Packages | Description of Articles and Special Marks | Weight (Subject to Correction) | Cars at Rats | Check Column | If charges are to be prepaid, write or stamp here, "To be Prepaid.' |
to apply in prepayment of the charges on the property described hereon. | |||||
* | |||||
Agent or Cashier. (The signature here acknowledges only the amount prepaid.) | |||||
• | |||||
Charges Advanced: $............. |
-------------------------------------------------Shipper ------------------------------------------Agent
Per------------------------------------------------ Per---------------------------------------
(This Bill of Lading is to be signed by the Shipper and Agent of the Railroad) '
Section 1. The carrier or party in possession of any of the property herein described shall be liable for any loss thereof or damage thereto, except as hereinafter provided.
No carrier or party in possession of any of the property herein described shall be liable for any loss thereof or damage thereto or delay caused by the act of God, the public enemy, quarantine, the authority of the law, or the act or default of the shipper or owner, or for differences in the weights of grain, seed, or other commodities caused by natural shrinkage or discrepancies in elevator weights. For loss, damage or delay caused by fire occurring after forty-eight hours (exclusive of legal holidays) after notice of arrival of the property at destination or at port of export (if intended for export) has been duly sent or given the carrier's liability shall be that of warehouseman only. Except in case of negligence of the carrier or party In possession (and the burden to prove freedom from such negligence shall be on the carrier or party in possession), the carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held in transit upon request of the shipper, owner, or party entitled to make such request; or resulting from a defect or vice in the property or from riots or strikes. When in accordance with general custom, on account of the nature of the property, or when at the request of the shipper the property is transported in open cars, the carrier or party in possession (except in case of loss or damage by fire, in which case the liability shall be the same as though the property had been carried In closed cars) shall be liable only for negligence, and the burden to prove freedom from such negligence shall be on the carrier or party in possession.
Section 2. In issuing this bill of lading this Company (which word is to be understood throughout this bill of lading as meaning any person or corporation in possession of the property under the bill of lading) agrees to transport only over its own line, and except as otherwise provided by law acts only as agent with respect to the portion of the route beyond its own line.
No carrier shall be liable for loss, damage, or injury not occurring on its own road or its portion of the through route nor after said property has been delivered to the next carrier, except as such liability is or may be imposed by law. but nothing contained in this bill of lading shall be deemed to exempt the initial carrier from any such liability so imposed.
Section 3. No carrier is bound to transport said property by any particular train or vessel, or in time for any particular market, or otherwise than with reasonable despatch, unless by specific agreement indorsed hereon. Every carrier shall have the right in case of physical necessity to forward said property via any railroad or route between the point of shipment and the point of destination; but if such diversion shall be from a rail to a water route the liability of the carrier shall be the same as though the entire carriage were by rail.
The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property at the place and time of shipment under this bill of lading, including the freight charges, if paid.
 
Continue to: