(Download) "Brannon v. Smith Dray Line & Storage Co." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Brannon v. Smith Dray Line & Storage Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 01, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is an appeal from a $7,000 judgment entered after the non-jury trial of an action by a shipper against a motor vehicle common carrier. The shipper sought damages for the destruction by fire of her household goods that were being transported by defendant from Greenville, South Carolina, to Memphis, Tennessee. On appeal, the carrier raises the following issues. First, it contends that the shipper was bound by the limitation of value typed into the bill of lading that the shipper signed, which represented the agreement reached by the parties based upon a written estimate the carrier asserts its agent prepared and gave to the shipper two weeks before the move. Second, it contends that the proof-of-loss statement signed by the shipper after the destruction of the goods either released appellant from any liability above that contained in the bill of lading or constituted an accord and satisfaction that had the same effect. Third, it argues that appellee's evidence of the value of the goods was insufficient to support the court's determination of damages.
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