James G. McCarrick Co. v. Thompson

227 S.W.2d 832, 1950 Tex. App. LEXIS 1917
CourtCourt of Appeals of Texas
DecidedFebruary 15, 1950
DocketNo. 12045
StatusPublished
Cited by1 cases

This text of 227 S.W.2d 832 (James G. McCarrick Co. v. Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James G. McCarrick Co. v. Thompson, 227 S.W.2d 832, 1950 Tex. App. LEXIS 1917 (Tex. Ct. App. 1950).

Opinion

NORVELL, Justice.

The question involved in this case is whether or not the “Statement of Protest” addressed to the terminal carrier but delivered to the Railroad Perishable Inspection Agency complies with the requirements of Section 2(b) of a Uniform Straight Bill of Lading, which provides that: “As a condition precedent to recovery, claims must be filed in writing with the' receiving or delivering carrier, or carrier issuing this bill of lading, or carrier on whose line the loss, damage, injury or delay occurred, within nine months after delivery of the property. * * * Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid.”

The “Statement of Protest” here involved is similar to the “Notice of Exceptions” discussed in Texas & N. O. R. Co. v. Rosenblum, Tex.Civ.App., 195 S.W.2d 433, wr. ref. Appellant contends that this case is distinguishable from the Rosenblum case in that the “Statement of Protest” here involved contains a statement that, “This is Consignee’s Claim for $150.00, more or less.”

After inspection, the McCabe Inspection Service prepared and delivered to the Railroad Perishable Inspection Agency the following “Statement of Protest,” viz.:

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Related

Thompson v. James G. McCarrick Co., Inc
205 F.2d 897 (Fifth Circuit, 1953)

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Bluebook (online)
227 S.W.2d 832, 1950 Tex. App. LEXIS 1917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-g-mccarrick-co-v-thompson-texapp-1950.