Legal Opinion

Federated Department Stores, Inc., D/B/A Burdines v. Norman C. Brinke, Florida East Coast Railway Co., Etc.

Court of Appeals for the Fifth Circuit

Decided September 20, 1971No. 71-1605PublishedCited by 12 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

The sole issue in this case is whether the notation “shipper’s load and count” (SLC) on a uniform straight bill of lading vitiates Carmack Amendment liability 1 and exculpates the carrier from his negligence in providing an inadequate trailer for transporting a shipment in interstate commerce. Finding that no such result was intended or follows from the SLC provisions of the Bills of Lading Act 2 we affirm the judgment of the District Court, 316 F.Supp. 1402.

Brinke had acted as a freight forwarder for Frigid for some time. 3 Aecord-ingly, sometime in June of 1968,…

2Cases cited14 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  3. Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
  4. Chesapeake & Ohio Railway Co. v. Thompson Manufacturing Co.Supreme Court of the United States · 1926
  5. Boston & Maine Railroad v. PiperSupreme Court of the United States · 1918

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

3Cited by12 opinions

  1. Man Roland, Inc. v. Kreitz Motor Express, Inc.Court of Appeals for the Fifth Circuit · 2006
  2. American Home Products Corp. v. Howell's Motor Freight, Inc.Court of Appeals of North Carolina · 1980
  3. Miller v. Aaacon Auto Transport, Inc.District Court, S.D. Florida · 1978
  4. Fine Foliage of Florida, Inc. v. Bowman Transportation, Inc.District Court, M.D. Florida · 1988
  5. Fluor Engineers & Constructors, Inc. v. Southern Pacific Transportation Co.Court of Appeals for the Fifth Circuit · 1985

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

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