CHESAPEAKE & OHIO RAILWAY V. MARTIN
283 U.S. 209 (1931)
NATURE OF THE CASE: This was a lawsuit over misdelivery.
FACTS: Martin (P) had a carload of potatoes transported from Michigan to Richmond on a
bill of lading. The bill required a claim for loss or injury to be made within six months
after a reasonable time for delivery had elapsed. P made his claim six months and twenty
days after shipment from Michigan. During trial, D entered evidence from its agent that a
reasonable time after shipment for delivery would be about eight days. There was no evidence
to the contrary. D moved for a directed verdict as the claim was barred by the terms of the
bill of lading. Judgment was entered against D and D appealed. It was affirmed and the
Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment