Kenny's Auto Parts, Inc. v. Baker

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

This is an action filed pursuant to 49 U.S.C. § 20(11) (1976) (Carmack Amendment) to recover for goods damaged or lost in transit. The plaintiff is Kenny’s Auto Parts, Inc. (Kenny’s), a corporation engaged in the purchase and resale of used automobile parts. The defendants are the trustees of Penn Central and the Consolidated Rail Corporation (Conrail). The complaint alleges that Kenny’s purchased the goods in question from Coulter’s Auto Parts, Ltd. of Windsor, Ontario, Canada, and that when Conrail loaded these goods for shipment, it issued a…