Gutierrez, Thomas Anthony

How courts have described this case

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

• holding that, under the Carmack Amendment, “in an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages.”
• declining to eliminate carrier liability even where shipper had superior knowledge and could have placed carrier on notice of fragile condition of cargo
• noting the prima facie standard and observing that once that standard is established the burden of proof is upon the carrier to show that it was free from negligence
• explaining that the Carmack Amendment has the effect of “co-dif[ying] the common-law rule that a carrier ... is liable for damage to goods transported by it unless it can show that the damage was caused by (a) the act of God; (b) the public enemy; (c
• explaining that the Carmack Amendment has the effect of “co-dif[ying] the common-law rule that a carrier ... is liable for damage to goods transported by it unless it can show that the damage was caused by (a) the act of God; (b) the public enemy; (c) the act of the shipper himself; (d
• “[T]he liability of a carrier for damage to an interstate shipment is a matter of federal law controlled by federal statutes and decisions”

Source: CourtListener parenthetical corpus (CC0).