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establish rates for the transportation of property under which
the liability of the carrier was limited to a value established
31(...continued)
Jan. 1, 1996, the Carmack Amendment was again recodified at 49
U.S.C. secs. 11706, 14706, and 15906. See Accura Sys., Inc. v.
Watkins Motor Lines, Inc., 98 F.3d 874, 876 n.2 (5th Cir. 1996).
49 U.S.C. sec. 11707 (1994) provides in pertinent part:
(a)(1) A common carrier providing transportation
or service subject to the jurisdiction of the
Interstate Commerce Commission * * * shall issue a
receipt or bill of lading for property it receives for
transportation * * *. That carrier or freight
forwarder and any other common carrier that delivers
the property and is providing transportation or service
* * * are liable to the person entitled to recover
under the receipt or bill of lading. The liability
imposed under this paragraph is for the actual loss or
injury to the property caused by [the carrier] * * *
* * * * * * *
(c)(4) A common carrier may limit its liability
for loss or injury of property transported under
section 10730 of this title.
49 U.S.C. sec. 10730(b)(1) (1994) provides:
[A] motor common carrier * * * may * * * establish
rates for the transportation of property (other than
household goods) under which the liability of the
carrier * * * for such property is limited to a value
established by written declaration of the shipper or by
written agreement between the carrier * * * and shipper
if that value would be reasonable under the
circumstances surrounding the transportation.
49 U.S.C. sec. 10103 (1994) provides:
Except as otherwise provided in this subtitle, the
remedies provided under this subtitle are in addition
to remedies existing under another law or at common
law.
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