Legal Opinion

John Morrell and Company v. Burlington Northern, Inc.

Court of Appeals for the Seventh Circuit

Decided August 4, 1977No. 76-2055PublishedCited by 8 opinions

1Per curiam

The question involved on this appeal is whether under the Carmack Amendment to the Interstate Commerce Act which provides that a shipper shall recover “the full actual loss, damage, or injury to [its] property caused by” a railroad (49 U.S.C. § 20(11)), it was permissible to apply the contract price method of ascertaining damages instead of the market value method. 1 Liability having been conceded, the district court held that on the particular facts the contract price method rather than the market value rule championed by defendant interstate carrier should be used to measure damages…

2Cases cited9 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
  3. F. J. McCarty Co., Inc. v. Southern Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970
  4. The Great Atlantic & Pacific Tea Company, Inc. v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Seventh Circuit · 1964
  5. Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Michael Susman v. Lincoln American Corp., Ann Flamm and Arnold Flamm v. Rudolph Eberstadt, Jr. And Microdot, Inc.Court of Appeals for the Seventh Circuit · 1978
  2. B & D Appraisals v. Gaudette MacHinery Movers, Inc.District Court, D. Rhode Island · 1990
  3. MacH Mold Inc. v. Clover Associates, Inc.District Court, N.D. Illinois · 2005
  4. United States v. Crown Equipment CorporationCourt of Appeals for the Seventh Circuit · 1996
  5. ROBERT BURTON ASSOCIATES, INC., Appellee, v. PRESTON TRUCKING COMPANY, INC., AppellantCourt of Appeals for the Third Circuit · 1998

3 more not listed; retrieve them via the Exa API.

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