B. A. Walterman Company, an Ohio Corporation v. Pennsylvania Railroad Company, a Pennsylvania Corporation

The action in the District Court was brought by a consignee against the delivering carrier to recover damages to a shipment of goods. The facts were stipulated. The District Court granted defendant’s motion for summary judgment and dismissed the complaint on the sole ground that no written claim had been filed by plaintiff with the carrier within nine months after delivery of the shipment as provided by the bill of lading.

In this Court, it is contended that the carrier had actual notice of the damage, waived the filing of a written claim and was estopped from asserting this defense.

Verbal…