Marks Manufacturing Company v. New York Central Railroad Co., a Delaware Corporation

CELEBREZZE, Circuit Judge.

This is an appeal from a judgment of the United States District Court, Eastern District of Michigan, in a case involving a claim for damaged cargo lodged by the Marks Manufacturing Company (hereinafter, the Appellant) against the New York Central Railroad Company and its successors, (hereinafter sometimes referred to as the Appel-lees).

The following facts were either found by the trial court and supported by the underlying record or are substantially undisputed between the parties. In November, 1967, the Appellant agreed to purchase from Stainless Steel, Inc., a…