Condakes v. Southern Pacific Co.

MEMORANDUM OF DECISION

GARRITY, District Judge.

This suit is brought under the Car-mack Amendment to the Interstate Commerce Act, 49 U.S.C.A. § 20(11), to recover for loss allegedly suffered as a result of damage to a carload of Red-haven peaches during shipment from Sanger, California, to Boston, Massachusetts. Since the conclusion of the trial without jury, the court has received requests for findings of fact and conclusions of laws, oral argument and supplementary briefs.

Findings of Fact

1. The plaintiff, George Condakes, does business as a wholesale distributor of fresh produce at Boston,…