W.C. SMITH, INC. v. YELLOW FREIGHT SYSTEMS, INC.

Civ. A. No. 82-5229.

596 F.Supp. 515 (1983)

W.C. SMITH, INC. v. YELLOW FREIGHT SYSTEMS, INC. v. PRICE CANDY COMPANY.

United States District Court, E.D. Pennsylvania.

September 28, 1983.


Attorney(s) appearing for the Case

Larrick B. Stapleton, Philadelphia, Pa., for W.C. Smith, Inc.

Mitchell S. Pinsly, Philadelphia, Pa., for Yellow Freight Systems, Inc.

Joseph M. David, Jr., Philadelphia, Pa., for Price Candy Company.


MEMORANDUM OPINION AND ORDER

VanARTSDALEN, District Judge.

This case involves a claim for damages in excess of $20,000 to a certain piece of machinery that defendant Yellow Freight Systems, Inc. transported by motor freight. Yellow Freight has moved for partial summary judgment, seeking to limit its liability to $400.00, the released value of the goods, pursuant to 49 U.S.C. § 10730. For the reasons that follow, the motion will be granted.

Plaintiff...

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