Legal Opinion

National Beef Packing Co. v. Missouri Pacific Railroad

Missouri Court of Appeals

Decided April 3, 1972No. 25695PublishedCited by 2 opinions

1Per curiam

The principal issue is whether an amended petition stated a new cause of action for damage to a shipment of beef so that the claim would be barred under the notice provisions of the Bill of Lading, and by 49 U.S.C.A. 20(11). Section 2.(b) of the Bill of Lading provides that a notice of claim shall be filed within nine months of the delivery of the property, and suit shall be filed within two years and one day from the day when notice in writing is given by the carrier to the claimant that the carrier had disallowed the claim or any part thereof specified in the notice. 49 U.S.C.A. 20(11)…

2Cases cited12 opinions

  1. Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
  2. F. J. McCarty Co., Inc. v. Southern Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970
  3. The Great Atlantic & Pacific Tea Company, Inc. v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Seventh Circuit · 1964
  4. United States v. Northern Pac. Ry. Co.District Court, D. Minnesota · 1953
  5. Peterson v. Kansas City Public Service Co.Supreme Court of Missouri · 1953

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3Cited by2 opinions

  1. Leh v. DyerMissouri Court of Appeals · 1982
  2. John Morrell and Company v. Burlington Northern, Inc.Court of Appeals for the Seventh Circuit · 1977

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