§ 62-201. Freight charges to be at legal rates; penalty for failure to deliver to consignee on tender of same.
§ 62‑201. Freightcharges to be at legal rates; penalty for failure to deliver to consignee ontender of same.
All common carriers doing business in this State shall settle theirfreight charges according to the rate stipulated in the bill of lading, providedthe rate therein stipulated be in conformity with the classifications and ratesmade and filed with the North Carolina Utilities Commission in the case ofintrastate shipments, by which classifications and rates all consignees shallin all cases be entitled to settle freight charges with such carriers; and itshall be the duty of such common carriers to inform any consignee of thecorrect amount due for freight according to such classification and rates. Uponpayment or tender of the amount due on any shipment which has arrived at itsdestination according to such classification and rates, such common carriershall deliver the freight in question to the consignee. Any failure or refusalto comply with the provisions hereof shall subject such carrier so failing orrefusing to liability for actual damages plus a penalty of fifty dollars($50.00) for each such failure or refusal, to be recovered by any consigneeaggrieved by a suit in a court of competent jurisdiction. Provided, however,that this section shall not apply to motor carriers of passengers. (1905, c. 330, s. 1; Rev., s. 2633; C.S., s. 3518;1933, c. 134, s. 8; 1941, c. 97, s. 5; 1963, c. 1165, s. 1.)