Martin Jessee Motors, Inc. v. Reading Co.

Third Circuit

Martin Jessee Motors, Inc. v. Reading Co.

181 F.2d 766

CourtCourt of Appeals for the Third Circuit

DecidedMay 1, 1950

Docket10135

StatusPublished

Cited by1 cases

This text of 181 F.2d 766 (Martin Jessee Motors, Inc. v. Reading Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Martin Jessee Motors, Inc. v. Reading Co., 181 F.2d 766 (3d Cir. 1950).

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Opinion

PER CURIAM.

We have carefully considered the points raised by the appellant in its brief and oral argument. The appellant was victimized by an apparent fraud but the Reading Company had no part therein and should not be compelled to shoulder the blame. The loss must lie on the appellant where it has fallen. The appellant bases its claim upon Section 22 of the Bill of Lading Act, as amended, 49 U.S.C.A. § 102. It can prevail under that Act only by proving its title to specific property. It has not done so and therefore the decision of the court below is correct.

Accordingly we will affirm the judgment upon the able opinion of Judge Follmer, D.C., 87 F.Supp. 318.

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PER CURIAM.

We have carefully considered the points raised by the appellant in its brief and oral argument. The appellant was victimized by an apparent fraud but the Reading Company had no part therein and should not be compelled to shoulder the blame. The loss must lie on the appellant where it has fallen. The appellant bases its claim upon Section 22 of the Bill of Lading Act, as amended, 49 U.S.C.A. § 102. It can prevail under that Act only by proving its title to specific property. It has not done so and therefore the decision of the court below is correct.

Accordingly we will affirm the judgment upon the able opinion of Judge Follmer, D.C., 87 F.Supp. 318.

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181 F.2d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-jessee-motors-inc-v-reading-co-ca3-1950.

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