Goldberger v. McPeak

BARD, District Judge.

These are motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, against two of the defendants, Thomas A. McPeak, individually and trading as McPeak Garment Carriers, and New England Fire Insurance Company.

Plaintiff brought this action against. Thomas A. McPeak (agent) and McPeak Freight Lines, Inc. (principal), interstate common carriers by motor vehicle, for the loss of eight cartons and bags of children’s dresses. Defendant carriers admit delivery of the goods to them, but deny that loss occurred through…