UNITED STATES FIDELITY & G. CO. v. LOUISVILLE & N. R. CO.

No. 5696.

291 So.2d 803 (1974)

UNITED STATES FIDELITY & GUARANTY COMPANY and Dennis J. Lemoine v. LOUISVILLE & NASHVILLE RAILROAD COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 9, 1974.

Writ Refused May 24, 1974.


Attorney(s) appearing for the Case

Huddleston & Davis, Benjamin B. Saunders, New Orleans, for plaintiffs-appellees.

Chaffe, McCall, Phillips, Burke, Toler & Sarpy, Harry McCall, Jr., New Orleans, for defendant-appellant.

Before BAILES, FLEMING and BRADLEY, JJ. Pro Tem.


C. WILLIAM BRADLEY, Judge Pro Tem.

The shipper, under a "Shipper's Load and Count" bill of lading, loaded a box car owned by defendant. The car was loaded at each end with the center area of the car between the car doors remaining empty. An employee of defendant inspected only as to the load. The shipper closed the car doors and applied seals.

Defendant then delivered the loaded car to the consignee at New Orleans...

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