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REIDER V. THOMPSON, 339 U. S. 113 (1950)

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U.S. Supreme Court

Reider v. Thompson, 339 U.S. 113 (1950)

Reider v. Thompson

No. 403

Argued February 7, 1950

Decided March 13, 1950

339 U.S. 113

Syllabus

Respondent railroad received goods at New Orleans, La., for transportation to Boston, Mass., by way of its line and connecting carriers, and issued its original through bill of lading for the shipment. Petitioner sued respondent for damages under the Carmack Amendment, 49 U.S.C. § 20(11), alleging that petitioner was the lawful holder of the bill of lading and owner of the goods, that the shipment was in good order and condition when received by respondent at New Orleans, and that it arrived at Boston damaged.

Held:

1. The Carmack Amendment was applicable to the shipment, and petitioner stated a claim against respondent upon which relief could be granted. Pp. 339 U. S. 115-119.

2. The fact that the shipment originated in a foreign country, and that the goods were transported to New Orleans on an ocean bill of lading, did not render the Carmack Amendment inapplicable, since there was no through bill of lading from the foreign country to Boston, and the foreign portion of the journey terminated at New Orleans. Pp. 339 U. S. 117-119.

3. With respect to this transaction, respondent was the receiving carrier within the wording and meaning of the Carmack Amendment. P. 339 U. S. 119.

16 F.2d 13, reversed.

Petitioner's suit against respondent for damages under the Carmack Amendment, 49 U.S.C. § 20(11), was dismissed by the District Court for failure to state a claim upon which relief could be granted. The Court of Appeals affirmed. 176 F.2d 13. This Court granted certiorari. 338 U.S. 890. Reversed, p. 119. chanroblesvirtualawlibrary

Page 339 U. S. 114





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