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MONTAGNA v. AAACON AUTO TRANSPORT, INC.

No. 82-1728.

706 F.2d 359 (1983)

Salvatore MONTAGNA, Jr., Plaintiff, Appellee, v. AAACON AUTO TRANSPORT, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 20, 1983.

Attorney(s) appearing for the Case

Donald J. Orkin, and Mills, Orkin & Kaplan, Boston, Mass., on brief, for defendant, appellant.

D. Alice Olsen, and Morrison, Mahoney & Miller, Boston, Mass., on brief, for plaintiff, appellee.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

PER CURIAM.

In March 1976 Salvatore Montagna contracted with AAAcon Auto Transport, an interstate carrier, to have his car driven from Dania, Florida to Waltham, Massachusetts by a "casual driver." The car was wrecked beyond repair in an accident in Kittery, Maine before being delivered to Montagna in Waltham as promised. The question in this case is who should bear the cost of the accident: Montagna's insurance company or AAAcon?

The contract between Montagna...

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