(Download) "Burlington Northern R. Co. v. Hyundai Merchant Marine Co." by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Burlington Northern R. Co. v. Hyundai Merchant Marine Co.
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 18, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
This appeal concerns the timeliness of a maritime indemnity claim under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 11707, though its ultimate Disposition turns on the application of an "unmixed questions of law" exception to the doctrine of issue preclusion. The case arises from a shipment of furnace equipment by Tongil Co., Ltd. from Milwaukee, Wisconsin to Pusan, South Korea that arrived in damaged condition. The goods were carried by rail from Milwaukee to Seattle by plaintiff Burlington Northern Railroad Company ("Burlington"), and thence by sea to Pusan by defendant Hyundai Merchant Marine Co. ("Hyundai"). The damage apparently occurred while the cargo was in the possession of Burlington, but Tongil sued Hyundai for the damage. The case settled and approximately one month following the settlement, Hyundai sought indemnity from Burlington, which refused to pay because notice of the claim was not given within nine months following the delivery of the shipment as required in a Burlington circular, adopted as part of the contract of carriage.
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