Legal Opinion
Shippers Service Company, a Partnership v. Norfolk & Western Railway Company, a Corporation
Court of Appeals for the Seventh Circuit
Decided February 23, 1976No. 75--1353PublishedCited by 3 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
Plaintiff, a carlot receiver and jobber of perishable produce at the Detroit [Michigan] Union Produce Terminal (“Terminal”), sued under the Carmack Amendment of the Interstate Commerce Act (49 U.S.C. § 20(11)) to recover damages for the allegedly tardy delivery of 105 shipments of fruits and vegetables from the West Coast and Arizona. Plaintiff claimed some $35,000 in damages because of declines in the market price between the times when the shipment would ordinarily arrive and the times when they actually were available for sale. Defendant was the delivering railroad…
2Cases cited11 opinions
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- New York, Philadelphia & Norfolk Railroad v. Peninsula Produce ExchangeSupreme Court of the United States · 1916
- Reider v. ThompsonSupreme Court of the United States · 1950
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Acme Fast Freight, Inc.Supreme Court of the United States · 1949
- The Great Atlantic & Pacific Tea Company, Inc. v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Seventh Circuit · 1964
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3Cited by3 opinions
- H. B. Zachry Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fifth Circuit · 1981
- Turner's Farms, Inc. v. Maine Central Railroad Co.District Court, D. Maine · 1980
- Martin Imports v. Courier-Newsom Express, Inc.Court of Appeals for the Seventh Circuit · 1978