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AUTOMATED DONUT SYS. v. CONSOL. RAIL CORP.

12 Mass. App. Ct. 326 (1981)

424 N.E.2d 265

AUTOMATED DONUT SYSTEMS, INC. vs. CONSOLIDATED RAIL CORPORATION.

Appeals Court of Massachusetts, Suffolk.

August 7, 1981.

Attorney(s) appearing for the Case

Alan R. Hoffman for the defendant.

David W. Walsh (Richard J. Ferriter with him) for the plaintiff.

Present: HALE, C.J., GRANT, & DREBEN, JJ.

DREBEN, J.

On July 7, 1978, the plaintiff, Automated Donut Systems, Inc. (Donut), shipped a trailer containing doughnut making equipment from Massachusetts to its customer in Indiana via the defendant carrier, Consolidated Rail Corporation (Conrail). The machinery arrived in Indiana in damaged condition, and the plaintiff brought suit against Conrail under 49 U.S.C. § 20(11) (1976), the so called Carmack Amendment.1 After trial to...

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