Praxair, Inc. v. Mayflower Transit Inc.
District Court, S.D. New York
1Opinion of the Court
OPINION
KOELTL, District Judge: 1
This action is brought by Praxair Inc. (“Praxair”) to recover the cost of repairing damage to its equipment allegedly sustained during shipment by the defendant Mayflower Transit, Inc. (“Mayflower”) in January 1994. Praxair asserts causes of action for both breach of contract and negligence against Mayflower for damages in excess of $182,000. Mayflower now moves for partial summary judgment with respect to the amount of damages, arguing that the liability limitation provided on the bill of lading and the applicable ICC tariff limits its damages to $11,434.00.
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2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
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3Cited by14 opinions
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- The Limited, Inc. v. PDQ Transit, Inc.District Court, S.D. Ohio · 2001
- Exel, Inc. v. Southern Refrigerated Transport, Inc.District Court, S.D. Ohio · 2017
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