· 6/4/1973
R. H. Fulton v. Chicago, Rock Island And Pacific Railroad Company
Citations
- 481 F.2d 326
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- evidence of precautions taken by nonparty railroad companies held relevant to negligence standard of care of railroad tortfeasor
- \the Carmack Amendment has preempted suits in specific negligence by holders of bills of lading against their carriers \ (emphasis added)
- “The cases make it clear that when damages are sought against a common carrier for failure to properly perform, or for negligent performance of, an interstate contract of carriage, the Carmack Amendment governs.” (internal quotation marks omitted)
- “[T]he due process clause imposes no bar to a state’s asserting personal jurisdiction, of course on proper notice, in favor of a person within its borders who suffers damage from . . . a tort the defendant committed there.” (citation omitted)
- comparing common-law contributory negligence to the Carmack Amendment
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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