Legal Opinion

Bluebird Food Products Co. v. Baltimore & Ohio Railroad

District Court, E.D. Pennsylvania

Decided August 3, 1971No. Civ. A. Nos. 70-1699, 70-1744, 70-1880 and 70-2661PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

WEINER, District Judge.

Tried to the Court, without a jury, were Civil Action Nos. 70-1699, 70-1744, 70-1880 and 70-2661. All four cases are analogous as the litigation centers around claims for damages predicated upon the shipment of fresh hams by a packing company, located in the Midwest, via the defendant’s railroad to the Philadelphia plant of plaintiff. It is undisputed that the hams arrived in a damaged condition. The issue is simply whether the carrier or the shipper was responsible for the spoilage.

In Missouri Pacific Railroad Co. v. Elmore & Stahl, 377 U.S. 134, 84…

2Cases cited6 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. Tuschman v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1956
  3. Orunsten v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1917
  4. Lincoln Farm Products Corp. v. Central RRNew Jersey Superior Court Appellate Division · 1963
  5. Beresin v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1934

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Beta Spawn, Inc. v. Ffe Transportation Services, Inc.Court of Appeals for the Third Circuit · 2001
  2. Blue Bird Food Products Co. v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1973
  3. Blue Bird Food Products Co. v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1974
  4. Blue Bird Food Products Co. v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1973

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