Legal Opinion
Perini-North River Associates, a Corporation v. Chesapeake & Ohio Railway Company and Penn Central Transportation Company
Court of Appeals for the Third Circuit
Decided September 8, 1977No. 76-2394PublishedCited by 40 opinions
1Opinion of the Court
OPINION OF THE COURT
STALEY, Circuit Judge.
This case concerns the circumstances under which a carrier may not avoid liability under the Carmack Amendment, 49 U.S.C. § 20(11), despite the consignee’s failure to timely file a written claim for damages as required by the bill of lading.
Appellant Perini-North River Associates (Perini) brought an action under a straight bill of lading to recover the repair costs of a crane damaged during shipment by defendant carriers on August 14,1972. 1 The carri ers’ defense was that Perini had failed to give proper notice of loss or claim within nine months, as…
2Cases cited24 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
19 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Pathway Bellows, Inc. v. Robert W. Blanchette, Richard C. Bond and John H. McArthur Trustees of the Penn Central Transportation Co.Court of Appeals for the Second Circuit · 1980
- Intech, Inc. v. Consolidated Freightways, Inc.Court of Appeals for the First Circuit · 1987
- Wisconsin Packing Co., Inc. v. Indiana Refrigerator Lines, Inc.Court of Appeals for the Seventh Circuit · 1980
- Nedlloyd Lines, B v. Corp. v. Harris Transport Co., Inc.Court of Appeals for the First Circuit · 1991
- Fed. Carr. Cas. P 83,866 Richard Salzstein and Candice Salzstein v. Bekins Van Lines Inc., a Nebraska CorporationCourt of Appeals for the Fifth Circuit · 1993
35 more not listed; retrieve them via the Exa API.