Wentz Equipment Co. v. Missouri Pacific Railroad

Woleslagel, J.:

Wentz Equipment Company, Inc., appellant (Wentz), purchased equipment which was delivered to an initial carrier in good condition but loaded improperly by the shipper or the initial carrier. The evidence did not identify the loader. When the shipment was received in damaged condition, Wentz sued Missouri Pacific Railroad Company, appellee (MoPac), the final carrier. The suit is governed by the Interstate Commerce Act, 49 U.S.C. § 11707 (Supp. V 1982). The damage occurred in transit. While first finding for Wentz, the trial judge entered summary judgment for MoPac on rehearing,…