Legal Opinion
Carlson Industries v. E. L. Murphy Trucking Co.
California Court of Appeal
Decided May 23, 1985No. B008800PublishedCited by 6 opinions
1Opinion of the Court
Opinion
ARGUELLES, J.
In this property damage action against a common carrier, we must determine whether the measure of damages for “ac tual loss” includes the substantial cost of a proposed inspection to determine the existence and scope of damage to equipment. We find that such a cost, as incidental to the cost of reasonable, attempted repair, is a compensable “actual loss.”
We further address the question of whether the trial court may retain jurisdiction solely to adjudicate the issue of damages discovered in the course of a future inspection. We conclude that such a limited reservation of…
2Cases cited7 opinions
- United States Liability Insurance v. Haidinger-Hayes, Inc.California Supreme Court · 1970
- Contempo Metal Furniture Co. Of California, a Calif. Corp. v. East Texas Motor Freight Lines, Inc., Dba Etmf Freight SystemCourt of Appeals for the Ninth Circuit · 1981
- Day v. SharpCalifornia Court of Appeal · 1975
- Thomas K. Reed, Jr. Cross-Appellee v. Aaacon Auto Transport, Inc., a New York Corporation, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1981
- In Re Marriage of SchultzCalifornia Court of Appeal · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- GHK Associates v. Mayer Group, Inc.California Court of Appeal · 1990
- Stutsman v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.District of Columbia Court of Appeals · 1988
- Ajaxo Inc. v. E Trade Group, Inc.California Court of Appeal · 2005
- Regan Roofing Co. v. Superior CourtCalifornia Court of Appeal · 1994
- CMSH Co., Inc. v. Antelope Development, Inc.California Court of Appeal · 1990
1 more not listed; retrieve them via the Exa API.