(Download) "Morrell v. Burlington Northern Inc." by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Morrell v. Burlington Northern Inc.
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 04, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The question involved on this appeal is whether under the Carmack Amendment to the Interstate Commerce Act which provides that a shipper shall recover ""the full actual loss, damage, or injury to [its] property caused by"" a railroad (49 U.S.C. § 20(11)), it was permissible to apply the contract price method of ascertaining damages instead of the market value method.1 Liability having been conceded, the district court held that on the particular facts the contract price method rather than the market value rule championed by defendant interstate carrier should be used to measure damages suffered by plaintiff shipper-owner. The stipulation of facts shows that plaintiff was a St. Paul, Minnesota, meat packer. Shortly prior to February 9, 1974, plaintiff sold 1,000 boxes of chucks to Purity Supreme, a retail chain store grocery operation in North Billerica, Massachusetts, for $84,817.40.2 The chucks were to be delivered to Purity Supreme no later than February 15, 1974, and title, in accordance with the normal custom in the meat trade, was to pass to Purity Supreme upon delivery of the chucks in good condition.