ABSTRACT
A.13Partial loss of or damage to goods is established, first, by proof of the quantity or state of the goods on delivery; and, secondly, by way of contrast, proof of the (greater) quantity or (better) state of the goods when they were taken over, as evidenced by a transport document. As to the first, the rail regimes have rules not found in the other regimes which reflect the public service role of railways. Under CIM 1999, Article 42,47 for example, claimants have only to allege partial loss or damage for carriers to be obliged to arrange an examination of the goods and draw up a report. If its findings are not accepted by the claimant, the claimant is entitled to further investigation by an expert appointed by the parties or by the court. In contrast, under Article 30.2 of CMR, if consignees check the goods with the carrier, whatever they agree is conclusive, except as regards matters not then apparent.48
