Ebasco Services Inc. v. Pacific Intermountain Express Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that shipper’s employees’ representation that the excessive height load was of proper height raised genuine issue of material fact bearing on ultimate allocation of liability between shipper and carrier
• holding that question of whether excessive height of load was patent is not one for resolution by summary judgment in action to recover for damages sustained to pump motor that struck the underside of a New York State vehicular bridge while being transported on a flat-bed trailer truck
• denying motion for summary judgment because an issue of fact existed as to whether a defect was latent or patent, where defendant sought indemnification for damage to property
• summary judgment was not appropriate because there was a question of material fact regarding representations made by the shipper’s employees

Source: CourtListener parenthetical corpus (CC0).