Chicago & Northwestern Ry. Co. v. Whitnack Co., 258 U.S. 369 (1922)

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Chicago & Northwestern Railway Company v. Whitnack Company

No. 146

Argued March 3, 1922
Decided April 10, 1922
258 U.S. 369

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF NEBRASKA

Syllabus

1. When goods moving in interstate commerce upon a through bill of lading are delivered in bad condition and the evidence shows that they were sound when received by the initial carrier but does not affirmatively establish where the loss occurred, there is a common law presumption, applicable under the Carmack Amendment, against the delivering carrier, that the injury occurred on the delivering carrier’s line. P. 371.

2. There is no inconsistency between this rule and the provision of the Amendment making the initial carrier also liable. P. 373.

104 Neb. 57 affirmed.

Certiorari to a judgment of the Supreme Court of Nebraska affirming a judgment against the present petitioner in an action by the respondent for damages to goods in transitu.