69-11-421. Liability of inland carriers for loss. (1) Any common carrier, railroad, or transportation company subject to the provisions of 69-11-421 through 69-11-427, receiving property for transportation from a point in Montana to any other point in Montana, shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the state when transported on a through bill of lading. No contract, receipt, rule, or other limitation of any character whatsoever shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed.
     (2) Except as provided in 69-11-422, any common carrier, railroad, or transportation company receiving property for transportation from a point in Montana to a point in Montana or any common carrier, railroad, or transportation company delivering property so received and transported is liable to the lawful holder of said receipt or bill of lading or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the state when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading or in any contract or rule or in any tariff filed with the public service commission. Any such limitation, without respect to the manner or form in which it is sought to be made, is unlawful and void, except:
     (a) an inherent defect, vice, or weakness or a spontaneous action of the property itself;
     (b) the act of a public enemy of the United States or of this state;
     (c) the act of the law;
     (d) an irresistible superhuman cause;
     (e) the act or default of the shipper or owner; or
     (f) for natural shrinkage.
     (3) Nothing in 69-11-421 through 69-11-426 deprives any holder of such receipt or bill of lading of any remedy or right of action.
     (4) The liability imposed by this section also applies in the case of property reconsigned or diverted in accordance with the applicable tariffs filed as provided in this part.
     (5) A common carrier is liable, even in the cases excepted by subsection (2), if his ordinary negligence exposes the property to the cause of the loss.

     History: (1) thru (4)En. 8-812.1 by Sec. 1, Ch. 168, L. 1975; Sec. 8-812.1, R.C.M. 1947; (5)En. Sec. 2911, Civ. C. 1895; re-en. Sec. 5354, Rev. C. 1907; re-en. Sec. 7868, R.C.M. 1921; Cal. Civ. C. Sec. 2195; Field Civ. C. Sec. 1155; re-en. Sec. 7868, R.C.M. 1935; Sec. 8-813, R.C.M. 1947; R.C.M. 1947, 8-812.1(part), 8-813; amd. Sec. 17, Ch. 43, L. 1979.