Carna v. Bessemer Cement Co.

MEMORANDUM OPINION

MENCER, District Judge.

This is an action to recover freight charges for the transportation of cement in interstate commerce. The shipments were made under uniform bills of lading prescribed by the Interstate Commerce Commission for use in interstate shipments. See In re Bills of Lading, 52 I.C.C. 671 (1919). The parties have filed cross motions for summary judgment. The plaintiff’s motion is denied. The defendant’s motion is granted for the reasons set forth below.

We find after a review of the entire record that no genuine issue of material fact exists in this case.…