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New York · Through 2026-09-11

N.Y. Transportation Law § 109: Liability for damage to property in transit

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Where this section sits in the code
  1. Transportation Law
  2. Article 4. Provisions Relating to Common Carriers

§ 109. Liability for damage to property in transit. Every common

carrier shall, upon demand, issue either a receipt or bill of lading for

all property delivered to it for transportation. No contract,

stipulation or clause in any receipt or bill of lading shall exempt or

be held to exempt any common carrier from any liability for loss, damage

or injury caused by it to property from the time of its delivery for

transportation until the same shall have been received at its

destination and a reasonable time shall have elapsed after notice to

consignee of such arrival to permit the removal of such property. Every

common carrier shall be liable for all loss, damage or injury to

property caused by delay in transit due to negligence while the same is

being carried by it, but in any action to recover for damages sustained

by delay in transit the burden of proof shall be upon the defendant to

show that such delay was not due to negligence. Every common carrier

shall be liable for loss, damage and injury to property carried as

baggage whether in connection with the transportation of the owner or

not, up to the full value and regardless of the character thereof, but

the value in excess of one hundred and fifty dollars shall be stated

upon delivery to the carrier, and a written receipt stating the value

shall be issued by the carrier, who may make a reasonable charge for the

assumption of such liability in excess of one hundred and fifty dollars

and for the carriage of baggage exceeding one hundred and fifty pounds

in weight upon a single ticket or receipt. Nothing in this section shall

deprive any holder of such receipt or bill of lading of any remedy or

right of action which he has under existing law.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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