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EASTERN MOTOR EXPRESS v. A. MASCHMEIJER, JR., INC.

No. 372, Docket 24377.

247 F.2d 826 (1957)

EASTERN MOTOR EXPRESS, Inc., Plaintiff-Appellant-Appellee, v. A. MASCHMEIJER, JR., INC., Defendant-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided September 12, 1957.

Attorney(s) appearing for the Case

Jerome G. Greenspan, New York City, for defendant-appellee-appellant.

Zelby & Burstein, New York City (Nathan E. Zelby and Bernard Axler, New York City, of counsel), for plaintiff-appellant-appellee.

Louis Silver, Jersey City, N. J., for The National Freight Claims Council of the American Trucking Ass'ns, Inc., amicus curiae.

Before CLARK, Chief Judge, and CHASE and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

On May 2, 1949 a trailer-truck belonging to Eastern Motor Express, Inc. (hereinafter called plaintiff), a common carrier, was being loaded at the plant of A. Maschmeijer, Jr., Inc., at Newark, New Jersey (hereinafter called defendant). The defendant's shipment consisted of 30 drums of methyl phenyl acetate (hereinafter abbreviated to m. p. a.). The driver's helper inspected the drums, found no leaks and gave the defendant a clean bill of lading...

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