Wisconsin Packing Co., Inc., a Wisconsin Corporation, Plaintiff v. Indiana Refrigerator Lines, Inc., an Indiana Corporation

As noted in the majority opinion, plaintiff shipper sued defendant motor carrier for $13,192.66 damages caused by defendant’s delivery of 32,340 pounds of frozen meat in Norfolk, Virginia, “in a damaged condition unsuitable for human consumption or for purchaser’s use.”1 The suit was brought under Section 20(11) of the Interstate Commerce Act (49 U.S.C. § 20(11)), known as the Carmack Amendment, making carriers liable for damage to shippers’ property despite any attempted exemption from liability by the carrier.

The statute does not require shippers to file their claim in writing. The bill of…