Walsky Construction Co. v. Sea-Land Services, Inc.

OPINION

MATTHEWS, Justice.

The major question presented by this appeal is whether a common carrier regulated under the Interstate Commerce Act may be liable to a shipper for misrepresentation of its freight rates. We hold, in accordance with controlling federal precedent, that the common carrier is exempt from such liability.

I

Taking, as we must, where summary judgment is granted, the facts most favorable to the losing party,1 the following situation is presented. Sea-Land Services, Inc., a common carrier, solicited Walsky Construction Co. for its shipping business and quoted a certain freight…