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Civil Procedure Keyed to Field
Chesapeake & Ohio Railway Co. v. Martin
Citation:
283 U.S. 209 (1931)Facts
On November 6, 1925, respondents Martin shipped a carload of potatoes from Michigan to Richmond, Virginia, via interstate rail transport on a through bill of lading. The shipment was transferred to petitioner Chesapeake & Ohio Railway for final delivery. Respondents had arranged storage with Bowman Transfer Company and notified petitioner that all potato shipments should be delivered there. The potatoes arrived at petitioner’s Richmond yards on November 12th, six days after shipment. On November 16th, respondents inspected the potatoes and paid all freight and demurrage charges, becoming entitled to delivery. On November 17th, petitioner mistakenly transferred the car to Southern Railway with instructions to deliver to D.S. Harwood warehouse instead of Bowman warehouse. The potatoes were unloaded and stored at Harwood’s facility. Bowman Company initially sent a warehouse receipt to respondents but corrected the error a month later. Respondents visited Bowman warehouse and believed the potatoes were there, making no inquiry of petitioner or Harwood warehouse. On May 10, 1926, Harwood informed respondents he had their potatoes. Respondents found them spoiled, sold them for a small sum, and filed their claim on May 26, 1926, six months and twenty days after shipment. The bill of lading required claims for failure to deliver to be made within six months after a reasonable time for delivery elapsed.
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