Arnold Milling Co. v. Commodity Credit Corp.

REEVES, Chief Judge.

Plaintiff’s motion to strike, as well as the complaint, is based upon paragraph 11, Section 20, Title 49 U.S.C.A. This particular paragraph fixes liability upon the “initial carrier for loss; * * * ” in cases of interstate transportation, and it forbids any limitation of liability by contract, receipt, rule, regulation, or other methods of limiting liability.

Paragraph 8 of defendant’s answer is a special plea and defense wherein it is set forth that a connecting carrier, namely, The Gulf, Colorado and Santa Fe Railway Company, “for itself and in behalf of this defendant…