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THAYER v. PACIFIC ELEC. RY. CO.

Docket No. L.A. 26080.

55 Cal.2d 430 (1961)

360 P.2d 56

11 Cal. Rptr. 560

ERNEST H. THAYER, Respondent, v. PACIFIC ELECTRIC RAILWAY COMPANY (a Corporation), Appellant.

Supreme Court of California. In Bank.

March 2, 1961.

Attorney(s) appearing for the Case

E.D. Yeomans, Walt A. Steiger and John H. Gordon for Appellant.

Dryden, Harrington, Horgan & Swartz and Vernon G. Foster for Respondent.

WHITE, J.

This is an appeal by the Pacific Electric Railway Company from a judgment for the plaintiff in the amount of $3,750 in an action for damages to freight of which defendant was the terminal carrier. The principal question raised is whether the plaintiff complied with the requirement of the bill of lading that in order to recover for damages to freight, a claim in writing must be filed with the carrier within nine...

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