69-11-409. Adjustment of freightage for change in time or place of delivery. (1) If a consignee voluntarily receives freight at a place short of the place appointed for delivery, the carrier is entitled to a just proportion of the freightage according to distance. If the carrier is ready and willing and offers to complete the transit, the carrier is entitled to the full freightage. If the carrier does not offer completion and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage.
(2) If freight is carried further or more expeditiously than was agreed upon by the parties, the carrier is not entitled to additional compensation and cannot refuse to deliver the freight, on demand of the consignee, at the place and time of its arrival.
History: (1)En. Sec. 2846, Civ. C. 1895; re-en. Sec. 5327, Rev. C. 1907; re-en. Sec. 7841, R.C.M. 1921; Cal. Civ. C. Sec. 2142; Field Civ. C. Sec. 1121; re-en. Sec. 7841, R.C.M. 1935; Sec. 8-607, R.C.M. 1947; (2)En. Sec. 2847, Civ. C. 1895; re-en. Sec. 5328, Rev. C. 1907; re-en. Sec. 7842, R.C.M. 1921; Cal. Civ. C. Sec. 2143; Field Civ. C. Sec. 1122; re-en. Sec. 7842, R.C.M. 1935; Sec. 8-608, R.C.M. 1947; R.C.M. 1947, 8-607, 8-608; amd. Sec. 2022, Ch. 56, L. 2009.