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If the common carrier fails to adjust and pay the claim within the periods respectively prescribed in La. Rev. Stat. 45:1097, such failure shall subject the common carrier to a penalty of fifty dollars for each failure to be recovered by any consignee aggrieved.

Unless the consignee recovers in his action the full amount claimed, no penalty shall be recovered, but only the actual amount of loss or damage with legal interest as set forth in La. Rev. Stat. 45:1097.

No common carrier shall be liable under this Section or under La. Rev. Stat. 45:1097 for freight or property which never came into its possession.