Convey-All Corp. v. Pacific Intermountain Express Co.

Opinion

CHRISTIAN, J.

Convey-All Corporation and Centennial Insurance Company appeal from a judgment after nonjury trial, denying recovery in an action against respondent Pacific Intermountain Express Company, Inc. (PIE). Convey-All sued respondent, an interstate motor carrier, for the cost of repairing industrial equipment which was damaged in shipment. Centennial, Convey-All’s insurer, later joined the action as a plaintiff. The appeal turns on the nature of the shipper’s burden of proof in an action for damages against a common carrier.

Convey-All shipped from Mansfield, Ohio, component parts…