American Synthetic Rubber Corporation and American Rubber & Chemical Company v. Louisville & Nashville Railroad Company

I regret that I must respectfully dissent. In my view, the action here involved is not controlled by the Carmack Amendment. The wrong committed here did not arise from misdelivery of the car of butadiene. Such cargo was the subject matter of the bill of lading which, in turn, was the only contract involved. That ear, although first erroneously delivered to Olin Mathieson, came on to the plant of plaintiff undamaged, and no damage was suffered because of its delayed arrival. The only property of plaintiff covered by the contract made by the bill of lading was the butadiene. The plaintiff here…