Legal Opinion
Northwestern Pacific Railroad Company v. Burchwell Company, Inc.
Court of Appeals for the Fifth Circuit
Decided June 23, 1965No. 21642_1PublishedCited by 14 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The narrow question for decision is whether a consignee who diverts an interstate shipment in transit to another consignee is liable for the freight charges.
The facts are stipulated. Park Loading Company delivered a carload of lumber to Northwestern Pacific Railroad to be shipped from Eureka, California, to Burchwell Company in Eddyville, Kentucky. The uniform straight bill of lading showed Park as consignor and Burchwell as consignee. Park did not execute a non-recourse clause removing Park’s liability for the freight. Park directed the carrier to ship the lumber…
2Cases cited12 opinions
- Hester v. United StatesSupreme Court of the United States · 1924
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- United States v. JonesCourt of Appeals for the Seventh Circuit · 1953
- New York Central Railroad v. Warren Ross Lumber Co.New York Court of Appeals · 1922
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Arizona Feeds v. Southern Pacific Transportation Co.Court of Appeals of Arizona · 1974
- Southern Pacific Company v. Brown, Alcantar & Brown, Inc.Court of Appeals for the Fifth Circuit · 1969
- O'BOyle Tank Lines, Inc., F/d/b/a M & M Tank Lines, Inc. v. Milton Beckham, D/B/A Milton Beckham CompanyCourt of Appeals for the Fifth Circuit · 1980
- Transcon Lines v. Lipo Chem., Inc.New Jersey Superior Court Appellate Division · 1983
- Consolidated Rail Corp. v. Hallamore Motor Transportation, Inc.Massachusetts Supreme Judicial Court · 1985
9 more not listed; retrieve them via the Exa API.