Fruitco Corp. v. Consolidated Rail Corp.

OPINION OF THE COURT

Elliott Wilk, J.

Although the goods consigned to plaintiff were lemons to begin with, they are worthless now. Plaintiff has sued defendant rail carrier, claiming that the fruit was damaged en route to New York City.

Plaintiff moves to dismiss defendant’s twelfth affirmative defense. Defendant cross-moves for summary judgment pursuant to that same defense. The motions raise novel issues concerning the application of the Staggers Rail Act of 1980 (94 US Stat 1895 [Staggers]).

THE FACTS

On November 14,1980, Yuma Citrus Co., a subsidiary of Sunkist Growers, Inc. (Sunkist), shipped…