Frischhertz Electric Co. v. Strickland Transportation Co.

I am compelled to respectfully dissent from the majority opinion. Under the facts and circumstances of the instant case, I do not believe that the delivering carrier, Strickland Transportation Company, Inc., is liable to the consignee, Frischhertz Electric Company, Inc., for shipment damage.

The facts of record disclose that the instant cadmium batteries were ordered by plaintiff and shipped from Lightalarms Electronics Corporation located in Brooklyn, New York. They were delivered to plaintiff’s job site in Arabi, Louisiana on October 2, 1968, and at the time of delivery, Frischhertz’s…