Legal Opinion · Dissent
Olivit Bros. v. Pennsylvania Railroad
Supreme Court of New Jersey
Decided January 28, 1916Published
On appeal from the Supreme Court.
1DissentBergen, J.
I do not agree with the majority of the court, that the stipulations in the different bills of lading which require that a claim for loss be made to the carrier by the shipper within a limited time, is a contract which, under the circumstances present in these cases, cannot be waived.
The majority opinion is made applicable to three other suits by the same plaintiff against the same defendant, arid also to iwo other suits, one by Andrew Spada, and the other by (diaries Albrecht, against the same defendant. The cases were all tried together. The record show's that the initial carriers were, the…
2Cases cited4 opinions
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- A. C. Cheney Piano Action Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Prod. Exchange v. N.Y., P. N.R.R.Court of Appeals of Maryland · 1914