MacKie

This is a suit against appellant, an interstate rail carrier, to recover damages to a carload of plywood. A trial to the court resulted in a judgment in favor of the plaintiffs, appellees here.

The facts were stipulated. The freight was delivered to appellant at Tacoma, Washington, about March 4, 1949, for de livery at Phoenix, Arizona. Section 2(h) of the hill of lading under which the shipment was handled provided, in part: “As a condition precedent to recovery, claims must be filed in writing with the * * * carrier * * * within nine months after delivery of the property * * The question for decision is whether, under the circumstances shown, recovery may be had in the absence of compliance with the condition.

The freight was delivered to the consignee on March 12, 1949. Upon its arrival at Phoenix, an employee of the Southern Pacific Company inspected the shipment and made a written report to the consignee and to the Southern Pacific Company. The report noted damage — extent unknown — and that the consignee would call for a final inspection. The report stated that it was not an acknowledgment of liability, and it contained a provision in substance the same as that of the bill…