Legal Opinion
Masonite Corporation v. Norfolk and Western Railway Company, Masonite Corporation v. Norfolk and Western Railway Company
Court of Appeals for the Fourth Circuit
Decided July 12, 1979No. 78-1061, 78-1062PublishedCited by 16 opinions
1Opinion of the Court
BUTZNER, Circuit Judge:
Masonite Corporation appeals a judgment that denied its claim against Norfolk & Western Railway Company for damage to a shipment of plywood and granted Norfolk & Western’s counterclaim for damage to railroad equipment and the cost of clearing debris from a derailment. We affirm in part, vacate in part, and remand the case for further consideration.
The damage to each party occurred because two badly packed containers of plywood shipped by Masonite on a Norfolk & Western train shifted in transit, fell from their flatcar, and derailed another car in the train. The…
2Cases cited4 opinions
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- United States v. Savage Truck Line, Inc. (Four Cases)Court of Appeals for the Fourth Circuit · 1953
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Topas v. John MacGregor Grant, Inc.Court of Appeals for the Second Circuit · 1927
3Cited by16 opinions
- Kaiser Aluminum & Chemical Corporation v. Illinois Central Gulf Railroad CompanyCourt of Appeals for the Eighth Circuit · 1980
- American Foreign Insurance Association v. Seatrain Lines of Puerto Rico, Inc.Court of Appeals for the First Circuit · 1982
- Automated Donut Systems, Inc. v. Consolidated Rail Corp.Massachusetts Appeals Court · 1981
- General Intermodal Logistics Corporation, a Corporation, D/B/A Gilco Marine Transport Services v. Mainstream Shipyards & Supply, Inc., a CorporationCourt of Appeals for the Fifth Circuit · 1984
- Zarn, Inc. v. Southern Railway Co.Court of Appeals of North Carolina · 1981
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