The Atchison, Topeka and Santa Fe Railway Company v. Littleton Leasing and Investment Company, Inc.

582 F.2d 1237, 1978 U.S. App. LEXIS 9213
CourtCourt of Appeals for the Tenth Circuit
DecidedSeptember 6, 1978
Docket77-1119
StatusPublished
Cited by18 cases

This text of 582 F.2d 1237 (The Atchison, Topeka and Santa Fe Railway Company v. Littleton Leasing and Investment Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Atchison, Topeka and Santa Fe Railway Company v. Littleton Leasing and Investment Company, Inc., 582 F.2d 1237, 1978 U.S. App. LEXIS 9213 (10th Cir. 1978).

Opinions

SETH, Chief Judge.

The Atchison, Topeka and Santa Fe Railway Company (Santa Fe), the plaintiff below, sued Littleton Leasing and Investment Company, Inc. (Littleton) for freight charges incurred for the transportation of five shipments. Littleton “crossclaimed” against Santa Fe for damages to the freight which we take to be a counterclaim under Fed.R.Civ.P. 13. Santa Fe moved for summary judgment on its complaint and on Littleton’s counterclaim. The district court granted summary judgment for Santa Fe on both claims. Littleton has not appealed the judgment for freight charges but has appealed the judgment against its counterclaim.

The central question here is whether Littleton complied with the claim requirement of section 2(b) of the uniform bill of lading which provides that a written claim be filed within nine months with the carrier. Littleton contends on appeal that its counterclaim should not have been denied because it substantially complied with section 2(b) by one or both of the following transactions: (1) an exchange of letters between Littleton and Santa Fe; (2) the complaint of Santa Fe and the answer of Littleton to that complaint. We hold that neither one of the transactions above substantially complied with the claim requirement of section 2(b) of the uniform bill of lading.

This case arises under the Carmack Amendment of the Interstate Commerce [1239]*1239Act, 49 U.S.C.A. § 20(11). The shipments in question were transported under uniform bills of lading which form the contract between the parties. Section 2(b) of the bill of lading provides in part:

“As a condition precedent to recovery, claims must be filed in writing with 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 ... in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid.”

Subsequent to plaintiff’s delivery of defendant’s goods on June 30, 1975, and defendant's failure to pay its freight bill, correspondence passed between plaintiff and defendant in which plaintiff attempted to collect on the outstanding freight debt, and defendant refused to pay. In July 1975, Santa Fe’s centralized accounting bureau sent Littleton “past-due notices” for freight charges on the shipments. Littleton replied in a letter dated July 19,1975, to the credit manager of Santa Fe:

“Be advised that we have not made payment on the invoices you refer to in that there are several damage claims against your firm that we are awaiting estimates. There were many windshields broken out and several severe body damages incurred to our vehicles while in your possession. I will appreciate it if you would have your people expedite their paperwork pertaining to this matter. Your forms, in many cases, were used to report damages.
“We respeetifully [sic] request your procedure for payment of these above mentioned claims.”

On July 25, Santa Fe’s treasurer sent a letter to Littleton requesting payment and explaining to Littleton that freight charges were separate and independent from any alleged damage claims and that no offset could be made against the freight charges pending against Littleton. Five days later a “final notice” was sent to Littleton requesting payment. When there was no reply, Santa Fe sent Littleton a letter dated August 6 advising Littleton that Santa Fe had cancelled Littleton’s credit. In reply to Santa Fe’s letter, an August 8 letter from Littleton to Santa Fe’s treasurer stated in part:

“. . . [W]e have tried to make payment to you based upon receipt of credit memorandums for extensive damages incurred to the vehicles that you shipped to Atlanta and Raleigh for us. These damages were sustained while our vehicles were in your sole care and custody, and we do not intend to go to the trouble of running around the country in an effort to determine which interlocking carrier was at fault. Our position is that your firm was contacted to deliver our vehicles and that your firm is responsible for those damages.”

On August 11, Santa Fe’s treasurer sent a letter to Littleton informing them that Santa Fe had checked with their freight claim department, and that no damage claim had been received from Littleton concerning the shipments. The letter went on to say that Santa Fe, therefore, assumed that any damage claim must be one Littleton filed with the delivering carrier. This last letter ended the correspondence between Santa Fe and Littleton. The district court held these letters could not be considered a damage claim and explained its reasoning:

“During the course of said exchanges, defendant indicated at various times both an intention to file a claim and that such a claim had already been filed. Nowhere in the correspondence can it reasonably be inferred that a particular letter represents the filing of an actual claim, in and of itself, against the railroad. The point is neither obscure nor academic. Neither potential future claims nor claims filed in the past are in any manner or fashion the legitimate concern of the freight collection department, with whom defendant was corresponding. . . . Viewing the correspondence in its entirety, plaintiff’s freight collection department could not reasonably be expected to have supposed that it was thereby being provided [1240]*1240with the railroad’s sole, actual notice of defendant’s claim and that it was therefore charged with the responsibility to convey such notice to the railroad’s claim department.”

In Georgia, Florida & Alabama Ry. v. Blish Milling Co., 241 U.S. 190, 36 S.Ct. 541, 60 L.Ed. 948, the carrier made a delivery contrary to instructions. The shipper sent a final telegram to the carrier after its representative had met with agents of the carrier. The telegram read as follows: “We will make a claim against railroad for entire contents of car at invoice price. Must refuse shipment as we cannot handle.” The Court noted that the preceding telegrams between the parties adequately identified the shipments. In upholding the validity of a provision of a bill of lading similar to the one at bar, the Court said:

“In fact the transactions of a railroad company are multitudinous and are carried on through numerous employees of various grades. Ordinarily the managing officers, and those responsible for the settlement and contest of claims, would be without actual knowledge of the facts of a particular transaction. The purpose of the stipulation is not to escape liability but to facilitate prompt investigation. And, to this end, it is a precaution of obvious wisdom, and in no respect repugnant to public policy, that the carrier by its contracts should require reasonable notice of all claims against it even with respect to its own operations.” (Emphasis added).

The Court also said that a provision such as the one in question “does not require documents in a particular form. It is addressed to a practical exigency and it is to be construed in a practical way.”

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Bluebook (online)
582 F.2d 1237, 1978 U.S. App. LEXIS 9213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-atchison-topeka-and-santa-fe-railway-company-v-littleton-leasing-and-ca10-1978.