Martin Jessee Motors, Inc. v. Reading Co., 181 F.2d 766 (3d Cir. 1950). · Go Syfert
Martin Jessee Motors, Inc. v. Reading Co., 181 F.2d 766 (3d Cir. 1950). Cases Citing This Book View Copy Cite
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MARTIN JESSEE MOTORS, Inc.
v.
READING CO.
10135.
Court of Appeals for the Third Circuit.
May 1, 1950.
Published opinion
181 F.2d 766
J. E. Marks, Lexington, Ky., Louis Levitt, Philadelphia, Pa., for appellant., Thomas Raeburn White, Philadelphia, Pa., W. Wilson White, White, Williams & Scott, Philadelphia, Pa., for appellee.
Biggs, Goodrich, Hastie, Per Curiam.
Cited by 1 opinion  |  Published
PER CURIAM.

We have carefully considered the points raised by the appellant in its brief and oral argument. The appellant was victimized by an apparent fraud but the Reading Company had no part therein and should not be compelled to shoulder the blame. The loss must lie on the appellant where it has fallen. The appellant bases its claim upon Section 22 of the Bill of Lading Act, as amended, 49 U.S.C.A. § 102. It can prevail under that Act only by proving its title to specific property. It has not done so and therefore the decision of the court below is correct.

Accordingly we will affirm the judgment upon the able opinion of Judge Follmer, D.C., 87 F.Supp. 318.