C.F.R. » Title 49 » CHAPTER X—SURFACE TRANSPORTATION BOARD › SUBCHAPTER A—GENERAL RULES AND REGULATIONS › PART 1005—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE

49 C.F.R. § 1005.7

Weight as a measure of loss

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Where weight is used as a measure of loss in rail transit of scrap iron and steel and actual tare and gross weights are determined at origin and destination, the settlement of claims shall be based upon a comparison of net weights at origin and destination.

[41 FR 25908, June 23, 1976]
Notes of Decisions
Cited in 2 cases, 1980–1988 · leading case: Cont'l Grain Co. v. Frank Seitzinger Storage, Inc. v. Burlington N. R.R. Co., A/K/A Burlington N. Ry., 837 F.2d 836 (8th Cir. 1988).
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Cont'l Grain Co. v. Frank Seitzinger Storage, Inc. v. Burlington N. R.R. Co., A/K/A Burlington N. Ry., 837 F.2d 836 (8th Cir. 1988). · cites it 5× “1979), the court determined that 49 C.F.R. § 1005.7 , an Interstate Commerce Commission (ICC) regulation that requires the comparison of net weights in the settlement of claims involving the loss of scrap iron and steel in transit, 3 was inapplicable in the civil litigation of…”
Louis Padnos Iron & Metal Co. v. Chesapeake & Ohio Ry. Co., 500 F. Supp. 591 (N.D. Ill. 1980). “ICC, which resulted in the promulgation of 49 C.F.R. § 1005.7 : Where weight is used as a measure of loss in rail transit of scrap iron and steel and actual tare and gross weights are determined at origin and destination, the settlement of claims shall be based upon a comparison…”
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