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FARIBAULT WOOLEN MILL CO. v. CHICAGO, ETC.

No. 49105.

289 N.W.2d 126 (1979)

FARIBAULT WOOLEN MILL CO., Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied February 5, 1980.

Attorney(s) appearing for the Case

Jesse & Cosgrove and Jon A. Hanson, Minneapolis, for appellant.

Stringer, Donnelly, Courtney, Cowie & Rohleder and A. James Dickinson, St. Paul, for respondents.

Heard before SHERAN, C. J., TODD and MAXWELL, JJ., and considered and decided by the court en banc.

STEPHEN L. MAXWELL, Justice.*

Plaintiff, Faribault Woolen Mill Co., brought suit under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C.A. § 20(11) (1978),1 against the defendant rail carriers to recover for a water-damaged shipment of "greasy wool" which defendants transported. The case was tried to the court without a jury. The trial court ruled alternatively (1) that plaintiff failed to...

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