· 9/8/1977
Perini-North River Associates, a Corporation v. Chesapeake & Ohio Railway Company and Penn Central Transportation Company
Citations
- 562 F.2d 269
- 1977 U.S. App. LEXIS 11649
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying the notice requirement to claim against carrier over damaged merchandise but finding estoppel appropriate
- applying the notice requirement to claim against carrier over damaged merchandise but finding estoppel appropriate
- estoppel inquiries should focus on what the carrier did, rather than its actual knowledge that a claim was being filed
- \Hopper . . . was considered a maverick decision . . . . Most courts criticized Hopper . . . and demoted it to the ranks of cases distinguishable on their facts.\
- “Local rules of estoppel may not be applied so as to thwart the purposes of federal statutes. The converse is also true: the doctrine should be used when it enhances the statutory purpose.”
- carrier estopped from invoking nine-month period where it told shipper that formal filing was unnecessary, and it deviated from its normal practice of sending such forms to the shipper when the loss occurred
Source: CourtListener parenthetical corpus (CC0).
Judges: Weis, Staley, Garth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.