Legal Opinion
American Transfer & Storage Co. v. Brown
Court of Appeals of Texas
Decided April 12, 1979No. 19598PublishedCited by 31 opinions
1Opinion of the Court
GUITTARD, Chief Justice.
This suit was brought under the Texas Deceptive Trade Practices Act, Tex.Bus. & Comm.Code §§ 17.42-17.50 (Vernon Supp. 1979) for damages to household goods being shipped from Irving, Texas, to Fairbanks, Alaska. The trial court rendered judgment against the packer, who also acted as agent of the carriers, for treble damages and an attorney’s fee. The principal question is whether the Texas Act is pre-empted by the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), (1970), which concerns liability for goods shipped in interstate commerce.
We hold that…
2Cases cited49 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
44 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Brown v. American Transfer & Storage Co.Texas Supreme Court · 1980
- Freedom Homes of Texas, Inc. v. DickinsonCourt of Appeals of Texas · 1980
- Mrs. Sylva B. Pope v. Rollins Protective Services Company v. The Atlantic Mutual Insurance Company, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- Harrison v. Dallas Court Reporting College, Inc.Court of Appeals of Texas · 1979
- Johnson v. WillisCourt of Appeals of Texas · 1980
26 more not listed; retrieve them via the Exa API.