Legal Opinion
Rogers Walla Walla, Inc. v. Willis Shaw Frozen Express, Inc.
Court of Appeals of Washington
Decided June 14, 1979No. 2903-3PublishedCited by 4 opinions
1Opinion of the CourtGreen, C.J.
Rogers Walla Walla, Inc., brought this action against Willis Shaw Frozen Express, Inc., for damages resulting from the alleged negligence of the carrier in transporting an order of frozen potatoes. The trial court found for Rogers and awarded it $9,592.51.
Willis Shaw's appeal presents the following questions: (1) When the risk of loss for goods is upon the buyer, does a shipper have a cause of action against the carrier for negligence? (2) Does the Carmack amendment, 49 U.S.C. § *54220(11) (1970), govern this transaction, and does that statute require a shipper to produce evidence that the goods…
Also in this document: Concurrence.
2Cases cited10 opinions
- Prier v. Refrigeration Engineering Co.Washington Supreme Court · 1968
- Mall Tool Co. v. Far West Equipment Co.Washington Supreme Court · 1954
- L. E. Whitlock Truck Service, Inc., a Kansas Corporation v. Regal Drilling Company, a Colorado CorporationCourt of Appeals for the Tenth Circuit · 1964
- City of Seattle v. Dyad Construction, Inc.Court of Appeals of Washington · 1977
- Fraser-Smith Company, Farmers Elevator Company of Traer, Iowa, and Johnson Feed and Grain Company v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1971
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Merdes v. UnderwoodAlaska Supreme Court · 1987
- Automated Donut Systems, Inc. v. Consolidated Rail Corp.Massachusetts Appeals Court · 1981
- Merdes v. UnderwoodAlaska Supreme Court · 1987
- Rogers Walla Walla, Inc. v. Willis Shaw Frozen Express, Inc.Court of Appeals of Washington · 1979