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HAMILTON FOODS v. ATCHISON, TOPEKA & SANTA FE RY. CO.

Civ. No. 6835-Y.

83 F.Supp. 478 (1948)

HAMILTON FOODS, Inc. v. ATCHISON, TOPEKA & SANTA FE RY. CO. et al.

United States District Court S. D. California, C. D.

March 16, 1948.

Attorney(s) appearing for the Case

Albert H. Allen and Hyman Goldman, both of Beverly Hills, Cal., for plaintiff.

Leo E. Sievert, J. H. Cummins, Louis M. Welsh, and Frederic A. Jacobus, all of Los Angeles, Cal., for defendant Railway Company.

CAVANAH, District Judge.

In Case No. 6835, heretofore submitted to the court, being the case of Hamilton Foods, Incorporated, against the Atchison, Topeka and Santa Fe Railway Company, the court has reached the conclusion that the principles of law applicable are, first, that where damages are claimed by reason of loss of or injury to property entrusted to a common carrier for transportation, the burden rests upon the plaintiff to establish by a preponderance of the...

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