Central Wholesale Co. v. Chesapeake & Ohio Railway Co.

This case presents the same question as was recently considered and decided in Warren Alloy Co. v. Blair Transit Co., 363 Mich 358. The facts, however, are decisively different. In the Warren Alloy Case the plaintiff consignee, following joint signature of a corresponding inspection report, promptly wrote the defendant carrier that “We are filing a claim against your company for damages incurred in transit.” The letter referred to the report as showing “the extent of such damages.” Here the plaintiff consignee did nothing, from and after like signature of a similar report, until expiration of…