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W.J. CASEY TRUCKING & RIGGING CO. v. GENERAL ELECTRIC COMPANY

151 N.J. Super. 151 (1977)

376 A.2d 603

W.J. CASEY TRUCKING & RIGGING CO., INC. A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. GENERAL ELECTRIC COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 21, 1977.

Attorney(s) appearing for the Case

Mr. Samuel A. Gennet for plaintiff (Mr. Stanley W. Kallman on the brief).

Mr. Joseph E. Irenas for defendant (Messrs. McCarter & English, attorneys; Mr. Michael C. Barr on the brief),

DREIER, J.C.C., temporarily assigned.

This motion for partial summary judgment addresses the narrow issue of "patency" in the context of a common carrier's liability for damage to goods negligently loaded by the shipper.

Plaintiff, a common carrier engaged in the business of rigging, hauling and trucking, initiated this lawsuit to recover on its contract with General Electric (G.E.), for the unloading, repacking and reloading of certain equipment on September...

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