Colorado § 40-9-107 - Damages for failure to comply.
Full text of Colorado Colorado Revised Statutes § 40-9-107 — Damages for failure to comply., with citation guidance and answers to common questions.
§ 40-9-107. Damages for failure to comply.
For failure of any common carrier to transport any such shipment within the time required by section 40-9-106, the common carrier issuing the receipt or bill of lading shall pay to the owner, consignee, or other interested party whose interest may appear such actual damages as the owner, consignee, or other interested party may sustain, together with exemplary damages in a sum of not less than one hundred dollars nor more than one thousand dollars, to be fixed by the jury or by the court if the cause is tried without a jury, and such actual and exemplary damages may be sued for and recovered in any court of competent jurisdiction in the district in which the plaintiff resides.
Source: L. 21: p. 163, § 2. C.L. § 2998. CSA: C. 29, § 21. CRS 53: § 115-12-7. C.R.S. 1963: § 115-12-7.
ANNOTATION
Plaintiff required only to make prima facie case of damages. In an action against a carrier by a shipper of livestock, for damages alleged to have been occasioned by failure to transport the stock within the time limit prescribed by the section preceding, it is held that the plaintiff was required only to make out a prima facie case of damages, after which defendants had the burden of establishing the only defense interposed, viz., unconstitutionality of the statute. Freeman v. Boyer Bros., 82 Colo. 509, 261 P. 864 (1927).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 40-9-107
What does Colorado Revised Statutes § 40-9-107 cover?
Section 40-9-107 ("Damages for failure to comply.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 40-9-107?
A common citation format is "Colorado Revised Statutes § 40-9-107" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 40-9-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.