Legal Opinion · Dissent

Super Service Motor Freight Co., Inc. v. United States

Court of Appeals for the Sixth Circuit

Decided August 13, 1965No. 15872Published

1DissentMcALLISTER, Senior Circuit Judge

The issue in this case is whether the burden of proof was upon the shipper to establish a carrier’s liability for damages to an article transported in interstate commerce, or whether the burden of proof was upon the carrier to exonerate itself from such liability.

The Carmack Amendment to the Hepburn Act (Interstate Commerce Act of 1887, as amended) Title 49 U.S.C.A. § 20 (11), is here applicable for the reason that, in interstate commerce shipments, an initial carrier is, by this statute, made liable to the shipper for damages caused by itself and all connecting carriers; and all interstate…

2Cases cited16 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. Schnell v. the VallescuraSupreme Court of the United States · 1934
  3. The Victory & the PlymothianSupreme Court of the United States · 1897
  4. Clark v. BarnwellSupreme Court of the United States · 1852
  5. Railroad Co. v. ReevesSupreme Court of the United States · 1870

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