SOUTHERN PAC. TRANSP. CO. v. UNITED STATES

Civ. No. R-77-0180 TJM.

456 F.Supp. 931 (1978)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. California.

August 31, 1978.


Attorney(s) appearing for the Case

James Diepenbrock, Jack V. Lovell, Carol A. Huddleston, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for plaintiff.

Herman Sillas, U. S. Atty., Robert Browning Miller, James S. Joiner, Asst. U. S. Attys., Sacramento, Cal., for defendant.


OPINION

MacBRIDE, Chief Judge.

This opinion addresses the question of whether the Southern Pacific Transportation Company, plaintiff herein, as part of its case in chief against the defendant, United States, must carry the burden of proving that it was free of any contributory negligence. The United States argues that this result is mandated by the application of the so-called Carmack Amendment, 49 U.S.C. § 20(11), with its attendant burdens of proof...

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