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BOH BROS. CONST. CO. v. PERRY HEAVY HAULERS

No. 12091.

166 F.2d 719 (1948)

BOH BROS. CONST. CO. v. PERRY HEAVY HAULERS.

Circuit Court of Appeals, Fifth Circuit.

March 12, 1948.

Attorney(s) appearing for the Case

Charles F. Fletchinger, of New Orleans, La., for appellant.

Selim B. Lemle, of New Orleans, La., and J. Morgan Stevens, of Jackson, Miss., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit, arising under the Motor Carrier Act of 1935,1 was for damages plaintiff's ditching machine had sustained while being transported by defendant-appellee.

Instead of declaring generally upon defendant's obligation as a common carrier of interstate freight with allegations that the machine was in good condition when loaded by the carrier and was in bad condition when delivered by it, plaintiff plead...

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