Legal Opinion
United Parcel Service, Inc. v. Smith
Indiana Court of Appeals
Decided December 22, 1994No. 05A02-9309-CV-491PublishedCited by 2 opinions
1Opinion of the Court
SULLIVAN, Judge.
United Parcel Service, Inc. (UPS) appeals a judgment in favor of Dr. Glenn M. Smith (Dr. Smith) in the amount of $992.72.1 UPS presents three issues for review, which we restate as:
I. whether the trial court erred by applying common law theories of standing instead of the Interstate Commerce Act, 49 U.S.C. §§ 10730 and 11707; and
II. whether the trial court erred by applying common law theories of liability instead of the Interstate Commerce Act, thus finding that UPS was liable for more than the declared value of the shipped item.
We affirm.
This dispute arose when Dr. Smith…
2Cases cited19 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- New York, New Haven & Hartford Railroad v. NothnagleSupreme Court of the United States · 1953
- Edward and Nancy Hughes v. United Van Lines, Inc., and 291 Sisser Brothers, Inc.Court of Appeals for the Seventh Circuit · 1987
- Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Acme Fast Freight, Inc.Supreme Court of the United States · 1949
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3Cited by2 opinions
- Mayflower Transit, Inc. v. DavenportIndiana Court of Appeals · 1999
- Lola v. Skadden, Arps, Slate, Meagher & FlomCourt of Appeals for the Second Circuit · 2015