Legal Opinion

Axton-Fisher Tobacco Co. v. Ziffrin Truck Lines, Inc.

District Court, W.D. Kentucky

Decided February 10, 1941No. 183PublishedCited by 5 opinions

1Opinion of the Court

MILLER, District Judge.

This action is before the Court on the motion of the plaintiff, the Axton-Fisher Tobacco Company, for summary judgment against the Ziffrin Truck Lines, Inc., in accordance with the provisions of Rule 56 of the Rules of Civil Procedure, 28 U.S. C.A. following section 723c.

The complaint alleges that on or about March 15, 1940, the plaintiff delivered to the defendant 200 cases of cigarettes for immediate shipment to Chicago, Illinois, which the defendant as a common carrier accepted; that the defendant failed to deliver the goods as consigned with the result that the…

2Cases cited2 opinions

  1. Great Lakes Transit Corp. v. Interstate Steamship Co.Supreme Court of the United States · 1937
  2. Nebraska Co-operative Creameries, Inc. v. Des Moines Transportation Co.District Court, S.D. Iowa · 1936

3Cited by5 opinions

  1. Jordan v. StephensDistrict Court, W.D. Missouri · 1945
  2. Schwartz v. SandidgeDistrict of Columbia Court of Appeals · 1949
  3. Ziffrin Truck Lines, Inc. v. Axton-Fisher Tobacco Co.Court of Appeals for the Sixth Circuit · 1942
  4. American Tobacco Co. v. WhitneyCourt of Appeals of Kentucky (pre-1976) · 1942
  5. Rohlfing v. Cat's Paw Rubber Co.District Court, N.D. Illinois · 1954

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