Legal Opinion
Biltmore Manufacturing Co. v. Overnite Transportation Co.
District Court, W.D. North Carolina
Decided January 8, 1958No. Civ. A. No. 1660PublishedCited by 4 opinions
1Opinion of the Court
WARLICK, District Judge.
This action was filed by plaintiff against Overnite Transportation Company, Inc., under Sec. 20(11) of Title 49 U.S.C.A., on March 5, 1957. In it plaintiff seeks a recovery for damage to merchandise shipped to it by Sears, Roebuck and Company in Chicago. The amount sought as a recovery is $3,960.04.
Plaintiff is a North Carolina corporation and the defendant Overnite is incorporated under the laws of Virginia, and is a common carrier by motor vehicle, engaged in Interstate Commerce and operating in and through North Carolina. Jurisdiction is under the diversity statute,…
2Cases cited2 opinions
- Wilkins v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- Whittington v. Southern Railway Co.Supreme Court of North Carolina · 1916
3Cited by4 opinions
- Fraser-Smith Company, Farmers Elevator Company of Traer, Iowa, and Johnson Feed and Grain Company v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1971
- Pilgrim Distribut. Corp. v. Terminal Transp. Co., Inc.District Court, S.D. Ohio · 1974
- Rogers Walla Walla, Inc. v. Willis Shaw Frozen Express, Inc.Court of Appeals of Washington · 1979
- Rogers Walla Walla, Inc. v. Willis Shaw Frozen Express, Inc.Court of Appeals of Washington · 1979