Gamble-Robinson Co. v. Chicago, Rock Island & Pacific Railway Co.

In this action to recover for loss on a carload of sugar because of a drop in the market price while the shipment was wrongfully delayed in transit, the answer alleged as a defense that no written notice of loss was given as provided in the bill of lading. A demurrer to this defense was sustained. Defendant appeals.

This was an interstate shipment, for which a bill of lading in the standard form prescribed by the Interstate Commerce Commission was issued. The pertinent parts thereof read:

“Claims must be made in writing to the originating or delivering carrier within six months after delivery…