Encl. (1) to COMDTINST 4610.6
(2) Act of the Public Enemy. Carriers are not liable for loss or damage caused by acts of
organized military or naval forces of a nation at war with the United States. Groups
such as mobs, rioters, or strikers are not considered to be the "public enemy" and
losses caused by them do not fall within this exception.
(3) Act or Mandate of a Public Authority. Common carriers are under the control of
public authority to the same extent as other persons, and must equally obey the orders
of properly constituted government officials. If freight is lost or damaged as a result
of obedience to such orders, without any intervening fault of the carrier, the carrier
will not be held responsible.
(4) Act or Fault of the Shipper.
(a) A common carrier is not liable for any loss or injury resulting from the act or
fault of the shipper without fault on the part of the carrier. This exception to the
carrier's common law liability includes every case where the loss is caused by the
shipper's act, whether that act is one of negligence, misconduct, or misfortune.
The rule most frequently applies to cases of loss due to defective packing and
improper loading. Three elements must be present to give the rule effect. They
are:
1.
The shipper performed the packing or loading.
2.
There was a defect in the packing or loading.
3.
The defect was concealed from ordinary observation.
b.
If the improper packing or loading is known to the carrier or is apparent upon ordinary
observation and inspection, it is the duty of the carrier to refuse to receive the property. If
the carrier, nevertheless, accepts the
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