Legal Opinion

Northern Pac. Ry. Co. v. MacKie

Court of Appeals for the Ninth Circuit

Decided April 2, 1952No. 13032_1PublishedCited by 25 opinions

1Opinion of the Court

HEALY, Circuit Judge.

This is a suit against appellant, an interstate rail carrier, to recover damages to a carload of plywood. A trial to the court resulted in a judgment in favor of the plaintiffs, appellees here.

The facts were stipulated. The freight was delivered to appellant at Tacoma, Washington, about March 4, 1949, for de livery at Phoenix, Arizona. Section 2(h) of the hill of lading under which the shipment was handled provided, in part: “As a condition precedent to recovery, claims must be filed in writing with the * * * carrier * * * within nine months after delivery of the property…

2Cases cited9 opinions

  1. Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
  2. Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
  3. St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
  4. Southern Pacific R. Co. v. StewartSupreme Court of the United States · 1919
  5. Hopper Paper Co. v. Baltimore & O.R. CoCourt of Appeals for the Seventh Circuit · 1949

4 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Wisconsin Packing Co., Inc. v. Indiana Refrigerator Lines, Inc.Court of Appeals for the Seventh Circuit · 1980
  2. Perini-North River Associates, a Corporation v. Chesapeake & Ohio Railway Company and Penn Central Transportation CompanyCourt of Appeals for the Third Circuit · 1977
  3. Insurance Company of North America v. G.I. Trucking CompanyCourt of Appeals for the Ninth Circuit · 1993
  4. M. W. Loveless, Dba Loveless Manufacturing Company, a Sole Proprietorship v. Universal Carloading & Distributing Company, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1955
  5. East Texas Motor Freight Lines v. United StatesCourt of Appeals for the Fifth Circuit · 1956

20 more not listed; retrieve them via the Exa API.

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