Legal Opinion

M & S Tomato Repacking Co. v. Boston & Maine Corp.

District Court, D. Massachusetts

Decided March 26, 1970No. Civ. A. No. 68-708PublishedCited by 2 opinions

1Opinion of the Court

OPINION

JULIAN, District Judge.

The plaintiff, M & S Tomato Repacking Company, brought this suit under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), as the consignee of a uniform, nonnegotiable, straight bill of lading against Boston and Maine Corporation, a railroad corporation engaged in interstate commerce. Recovery is sought against defendant as a receiving carrier within the meaning of 49 U.S.C. § 20(11) for loss allegedly suffered by plaintiff as the result of damage to a vanload shipment of tomatoes covered by the bill of lading during transit from Crows…

2Cases cited3 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. Levy v. MacySupreme Court of the United States · 1964
  3. Sarno v. Southern Pacific Co.District Court, D. Massachusetts · 1967

3Cited by2 opinions

  1. Contempo Metal Furniture Co. Of California, a Calif. Corp. v. East Texas Motor Freight Lines, Inc., Dba Etmf Freight SystemCourt of Appeals for the Ninth Circuit · 1981
  2. Joseph Freedman Co. v. North Penn Transfer, Inc.Massachusetts Supreme Judicial Court · 1983

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