5.1-138 - Liability for additional charges.
§ 5.1-138. Liability for additional charges.
When any common carrier by aircraft is instructed by a shipper or consignorto deliver property transported by such carrier to a consignee other than theshipper or consignor, such consignee shall not be legally liable fortransportation charges in respect of the transportation of such property(beyond those billed against him at the time of delivery for which he isotherwise liable) which may be found to be due after the property has beendelivered to him, if the consignee (a) is an agent only and had no beneficialtitle in the property, and (b) prior to delivery of the property has notifiedthe delivering carrier in writing of the fact of such agency and absence ofbeneficial title, and, in the case of a shipment reconsigned or diverted to apoint other than that specified in the original bill of lading, has alsonotified the delivering carrier in writing of the name and address of thebeneficial owner of the property. In such cases the shipper or consignor, or,in the case of a shipment so reconsigned or diverted, the beneficial ownershall be liable for such additional charges, irrespective of any provisionsto the contrary in the bill of lading or in the contract under which theshipment was made. If the consignee has given to the carrier erroneousinformation as to who is the beneficial owner, such consignee shall himselfbe liable for such additional charges, notwithstanding the foregoingprovisions of this section. On shipments reconsigned or diverted by any agentwho has furnished the carrier with a notice of agency and the proper name andaddress of the beneficial owner, and when such shipments are refused orabandoned at ultimate destination, the beneficial owner shall be liable forall legally applicable charges in connection therewith.
(Code 1950, § 56-193; 1970, c. 708.)