R a O a 1921 Synopsis of Decisions And Recommendations Relating to Freight

Cover R a O a 1921 Synopsis of Decisions And Recommendations Relating to Freight
R a O a 1921 Synopsis of Decisions And Recommendations Relating to Freight
Railway Accounting Officers Association
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In event scale at destination or intermediate point is shown by this investigation to have produced the more nearly cor- rect weight, claims for overcharge shall b. E prorated on revenue among carriers participating in the over- charge, subject to tolerances, evaporation allowances, 174 R. A. O. A. 1921 SYNOPSIS and minimum weights, as provided in governing tariffs. (D) In the event scale at initial point is shown by this investigation to have produced the more nearly correct weight, the claim ...shall not be prorated, except by authority of the initial carrier. 25. Disputed Claims to be Submitted to Counsel. If any carrier should refuse to participate in the payment of such claims on the basis of revenue and record scale weights, the same shall be submitted by the investigating carrier to its counsel, and if such counsel should rule that suit if instituted thereon cannot be successfully defended, the papers shall be returned to the carrier or carriers that have refused to participate in the payment thereof, and in the event it or they shall still refuse to participate in the payment of such claim, and at the same time be unwilling to defend suit, if brought, such suit shall be defended by the carrier against which suit is brought, and if judgment is secured the carrier or carriers refusing to participate shall be charged not only with their prorata portion of the original claim, but in addition thereto with court costs and counsel fees, and also with any statutory penalty that may be assessed in said suit, provided it appears that the re- fusal of such carrier or carriers to participate in such claim resulted in said penalty being imposed.

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