Chesapeake & Ohio Railway v. Martin

283 U.S. 209 (1931)


Martin (P) had a carload of potatoes transported from Michigan to Richmond on a bill of lading. The bill required a claim for loss or injury to be made within six months after a reasonable time for delivery had elapsed. P made his claim six months and twenty days after shipment from Michigan. During trial, D entered evidence from its agent that a reasonable time after shipment for delivery would be about eight days. There was no evidence to the contrary. D moved for a directed verdict as the claim was barred by the terms of the bill of lading. Judgment was entered against D and D appealed. It was affirmed, and the Supreme Court granted certiorari.