F. J. McCarty Co., Inc. v. Southern Pacific Company
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TRASK, Circuit Judge:
This is an appeal by Southern Pacific Company, an interstate carrier, from a judgment awarding damages to F. J. McCarty Co., Inc., arising out of Southern Pacific’s delivery of two damaged cargoes of grapes.
The facts of the case are set out in detail in the District Court’s opinion reported at 289 F.Supp. 875 (N.D.Cal. 1968). They may be summarized as follows: On June 27, 1966, McCarty, an exporter of perishable agricultural products with offices in San Francisco, entered into a contract with Frutas San Martin C.A., a South American importer, to ship 1330 lugs of cardinal…
2Cases cited13 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Reider v. ThompsonSupreme Court of the United States · 1950
- Gulf, Colorado & Santa Fe Railway Co. v. Texas Packing Co.Supreme Court of the United States · 1917
- The Great Atlantic & Pacific Tea Company, Inc. v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Seventh Circuit · 1964
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3Cited by34 opinions
- Project Hope v. M/V IBN SINACourt of Appeals for the Second Circuit · 2001
- Contempo Metal Furniture Co. Of California, a Calif. Corp. v. East Texas Motor Freight Lines, Inc., Dba Etmf Freight SystemCourt of Appeals for the Ninth Circuit · 1981
- Sompo Japan Insurance Company of America v. Union Pacific Railroad Company, Docket No. 04-4066-CvCourt of Appeals for the Second Circuit · 2006
- Hector Martinez and Company v. Southern Pacific Transportation Co.Court of Appeals for the Fifth Circuit · 1979
- Neptune Orient Lines, Ltd.,plaintiff-Appellee v. Burlington Northern and Santafe Railway Company,opinionCourt of Appeals for the Ninth Circuit · 2000
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