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Liability of the railway for wrong labelling of containers : [case review]
Zoran Ećimović
Abstract
The goods were transported by railway from an inland point to a seaport, where they were handed over to a freight forwarder who continued the transportation by sea. The railway made a mistake in labeling the containers. The freight forwarder consigned the containers according to this labelling, which caused damage to consignor-claimant.
The claimant brought an action against the raiway claiming indemnity. The defendant objected that the action was brought too early, i.e. that the claimant had first to seek indemnification directly from the defendant. He further objected that tha freight forwarder was responsible because he did not control the goods and the documents, and also the claimant himself, because his representative assisted the loading.
Both the Higher Commercial Court and Supreme Court confirmed the first-degree decision determining that the damage was caused by the defendant's employees who wrongly labeled the containers. Labeling of containers was their duty and not the duty of the claimant. Overdue interest was awarded from the moment when the claim became due and payable, and not from the day when the judgment was rendered.
Keywords
case review; carriage of goods by railway; carrier's liability; freight forwarder's liability; indemnity; overdue interest;
Hrčak ID:
215681
URI
Publication date:
18.12.1989.
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