F. J. McCARTY COMPANY v. SOUTHERN PACIFIC COMPANY

No. 46592.

289 F.Supp. 875 (1968)

F. J. McCARTY COMPANY, Inc., Plaintiff, v. SOUTHERN PACIFIC COMPANY, Defendant.

United States District Court N. D. California.

August 7, 1968.


Attorney(s) appearing for the Case

William H. King, Hamilton & King, San Francisco, Cal., for plaintiff.

Waldron A. Gregory, Frederick E. Fuhrman, San Francisco, Cal., for defendant.


MEMORANDUM OPINION

ZIRPOLI, District Judge.

FACTS

This is an action by a consignor against an interstate carrier for damages occasioned by the carrier's delivery of a damaged cargo. The consignor alleges that on two occasions a cargo of grapes was injured while being transported by the carrier and that the injury to the cargo caused the damages sought to be recovered.

The plaintiff — F. J. McCarty Co., Inc. — is an exporter...

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