Fraser-Smith Company, Farmers Elevator Company of Traer, Iowa, and Johnson Feed and Grain Company v. Chicago, Rock Island and Pacific Railroad Company’s Empirical Analysis
435 F.2d 1396 · 1971
Citation profile
11 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 30 later decisions — most recently January 2003 · most notably Sc Johnson Son Inc v. Louisville & Nashville Railroad Company (1982), United States v. Johnson (1975)
11 federal appellate · 2 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Linkletter v. Walker · Missouri Pacific Railroad v. Elmore & Stahl · Schnell v. The Vallescura · Secretary of Agriculture v. United States · Price v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it is generally considered that a consignee ... is in a much better position to dispose of the damaged merchandise than the carrier who is not in the business of buying and selling the product involved.”
2 later decisions quote this exact passage · from the majority““The law is well settled that where goods are shipped by common carrier and become damaged in transit, the consignee nevertheless has the duty to accept the shipment. Under such circumstances the consignee’s obligation is not affected by the fact that the goods have been injured or damaged during transit, unless they are considered to be ‘totally worthless.’ Sunset Motor Lines, Inc. v. Lu-Tex Packing Co., 256 F.2d 495 (5 Cir. 1958); Strickland Transp. Co. v. American Distrib. Co., 198 F.2d 546 (5 Cir. 1952); Robinson v. Georgia Sav. Bank & Trust Co., 106 F.2d 944 (5 Cir. 1939); Clifford v. Merritt-Chapman & Scott Corp., 57 F.2d 1021 (5 Cir. 1932). See also Biltmore Mfg. Co. v. Overnite Trans. Co., 157 F. Supp. 891 (W.D.N.C.1958); Miller’s Law of Freight Loss and Damage Claims, ch. 5 § E (3rd ed. 1967) (hereinafter cited as Miller’s). There are many practical and sound reasons which buttress this rule. For one, it has long been recognized that a common carrier’s liability as such ceases upon delivery of a shipment to the consignee. See Secretary of Agriculture v. United States, 347 U.S. 645, 647 , 74 S.Ct. 826 , 98 L.Ed. 1015 (1954); Republic Carloading and Distrib. Co. v. Missouri Pac. R. R., 302 F.2d 381 (8 Cir. 1962); 13 C.J.S. Carriers § 185 (1939). Additionally, it is generally considered that a consignee (in this instance the consignee and shipper are the same entity) is in a much better position to dispose of the damaged merchandise than the carrier who is not in the bu”
1 later decision quote this exact passage · from the majority“The law is well settled that where goods are shipped by common carrier and become damaged in transit, the consignee nevertheless has the duty to accept the shipment.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.