Legal Opinion
Hector Martinez and Company v. Southern Pacific Transportation Co.
Court of Appeals for the Fifth Circuit
Decided November 8, 1979No. 77-2793PublishedCited by 52 opinions
1Opinion of the Court
VANCE, Circuit Judge:
Martinez appeals the trial court’s dismissal of his claim under 49 U.S.C. § 20(11) (Carmack Amendment to the Interstate Commerce Act) for losses resulting from delay and damage in transportation by carrier Southern Pacific. The district court granted Southern Pacific’s motion under Rule 12(b)(6) to dismiss the claim for delay damages. It held that such damages are special and Martinez failed to allege that the carrier had any notice of the possibility that such damages would accrue upon a breach of the contract between the parties. We reverse and remand for trial on the…
2Cases cited21 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
- Gulf, Colorado & Santa Fe Railway Co. v. Texas Packing Co.Supreme Court of the United States · 1917
- Reider v. ThompsonCourt of Appeals for the Fifth Circuit · 1952
- L. E. Whitlock Truck Service, Inc., a Kansas Corporation v. Regal Drilling Company, a Colorado CorporationCourt of Appeals for the Tenth Circuit · 1964
16 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Texas A&M Research Foundation v. Magna Transportation, Inc.Court of Appeals for the Fifth Circuit · 2003
- Offshore Aviation v. Transcon Lines, Inc.Court of Appeals for the Eleventh Circuit · 1987
- Project Hope v. M/V IBN SINACourt of Appeals for the Second Circuit · 2001
- Kuehne & Nagel (AG & Co.) v. Geosource, Inc.Court of Appeals for the Fifth Circuit · 1989
- Contempo Metal Furniture Co. Of California, a Calif. Corp. v. East Texas Motor Freight Lines, Inc., Dba Etmf Freight SystemCourt of Appeals for the Ninth Circuit · 1981
47 more not listed; retrieve them via the Exa API.