Legal Opinion

Thousand Springs Trout Farms, Inc., a Corporation v. Iml Freight, Inc., a Corporation

Court of Appeals for the Ninth Circuit

Decided July 29, 1977No. 75-1414PublishedCited by 19 opinions

1Opinion of the Court

ELY, Circuit Judge:

In this “diversity” action brought by a shipper (Thousand Springs) against a carrier (IML) for damage to a load of fresh trout, we attempt to apply well-settled principles of generally applicable law to an unusual fact situation involving perishable goods.

I

Thousand Springs operates a trout farm and packing plant near Buhl, Idaho, and IML Freight is an interstate motor carrier of freight for hire with terminals in a number of cities, including Twin Falls, Idaho. 1 In early September, 1972, Kroger Company entered into an oral contract with Thousand Springs. It was agreed that…

2Cases cited9 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Hernandez v. TexasSupreme Court of the United States · 1954
  3. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  4. United States v. Savage Truck Line, Inc. (Four Cases)Court of Appeals for the Fourth Circuit · 1953
  5. Purer & Company and Phillip Purer v. Aktiebolaget Addo and Addo MacHine Company, Inc.Court of Appeals for the Ninth Circuit · 1969

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. S.C. Johnson & Son, Inc. v. Louisville & Nashville Railroad CompanyCourt of Appeals for the Seventh Circuit · 1983
  2. Fenton v. FreedmanCourt of Appeals for the Ninth Circuit · 1984
  3. Allied Tube & Conduit Corporation v. Southern Pacific Transportation CompanyCourt of Appeals for the Seventh Circuit · 2000
  4. William A. Cordingley v. Allied Van Lines, Inc.Court of Appeals for the Ninth Circuit · 1977
  5. Fenton v. FreedmanCourt of Appeals for the Ninth Circuit · 1984

14 more not listed; retrieve them via the Exa API.

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