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· 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).

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