Nissho Iwai American Corp. v. New England Warehousing & Distribution, Inc.

CAFFREY, Senior District Judge.

This is a civil action in which the plaintiff, Nissho Iwai American Corporation (“Nissho”) seeks to recover for the loss of 75 pallets of nails that were delivered for storage and safekeeping to the defendant, New England Warehousing & Distribution, Inc. (“New England Warehousing”). Plaintiff claims that the loss of the nails was due solely to the negligence of the defendant. Jurisdiction is based on diversity. 28 U.S.C. § 1332. The matter is now before the Court on plaintiff’s motion for summary judgment.

Both parties claim that Knowles v. Gilchrist Co., 362…