Clancy
Clancy v. Consolidated Freightways
Opinion
Lead Opinion
Hansonthaxton, J.
Plaintiffs Patrick E. Clancy and William Barber, dba BCW Enterprises, Inc., and David Fleischer, dba California Imports, Inc. (hereinafter referred to collectively as plaintiffs) appeal from a summary judgment in favor of defendant Consolidated Freightways, (hereinafter referred to as Consolidated).
Facts
The record discloses the following undisputed facts:
During the summer of 1976, Clancy and Barber, who manufacture burl tables in California, contracted to ship a number of tables to Fleischer in the State of New York. On August 18, 1976, they tendered the shipment of tables to Consolidated for shipment from Pacoima, California to New York City, New York. The freight bill of lading prepared by Consolidated was signed at that time by Barber.
The plaintiffs allege that the tables were damaged in transit. On September 26, 1976, the consignee, David Fleischer, reported the damage and filed a claim in writing with Consolidated. On December 1, 1976, the claim was rejected by Consolidated.
Clancy and Barber, when discussions with Consolidated relating to settlement of the matter failed, filed this action on January 5, 1979, somewhat over two years after rejection of their…