Larry's Sandwiches, Inc., a California Corporation v. Pacific Electric Railway Co., a California Corporation

Appellant is suing appellee railroad under the Carmack amendment to the Interstate Commerce Act, 49 U.S.C. § 20 (11), to recover for damages to a shipment of frozen sandwiches delivered by appellant to the railroad at Culver City, California, for shipment to Chicago. Upon arrival at Chicago it was discovered that some of the sandwiches were not in a frozen condition. The shipment was rejected by the consignee and returned by the railroad to appellant in California.

This appeal presents the related problems of the nature of the carrier’s obligation respecting shipments of frozen food, and the burden of proof as to the cause of damage suffered by such a shipment en route.

The sandwiches were not subject to visual inspection at the time of loading, since they were individually wrapped in foil, sealed and placed in cardboard boxes which in turn were placed in corrugated paper cases and sealed with tape. The lading was not subject to observation en route, since the car was loaded by appellant and the doors were sealed at origin and were not unsealed until arrival at destination.

The bill of lading recited that the shipment was received by the railroad “in apparent good order, except…