- 74 - Amendment." This Court, furthermore, adopted the Supreme Court's language in Adams Express Co.: That the legislation supersedes all the regulations and policies of a particular state upon the same subject results from its general character. It embraces the subject of the liability of the carrier under a bill of lading which he must issue, and limits his power to exempt himself by rule, regulation, or contract. To hold that the liability therein declared may be increased or diminished by local regulation or local views of public policy will either make the provision less than supreme, or indicate that Congress has not shown a purpose to take possession of the subject. The first would be unthinkable, and the latter would be to revert to the uncertainties and diversities of rulings which led to the amendment. [Id. at 306-307 (citing Air Prods. & Chems. v. Illinois Cent. Gulf R.R., 721 F.2d 483, 486 (5th Cir. 1983) (quoting Adams Express Co. v. Croninger, supra at 505-506)).] Petitioner has successfully asserted that the Carmack Amendment preempted State law which might otherwise govern a shipper's claim for damage to packages. See Plaid Giraffe, Inc. v. United Parcel Serv., Inc., No. 94-1002-PFK (D. Kan., Sept. 26, 1994); Art Masters Associates, Ltd. v. United Parcel Serv., supra at 228-229. Petitioner similarly defended itself in other actions by shippers for recovery of lost or damaged shipments.33 33In United Parcel Serv., Inc. v. Smith, 645 N.E.2d 1 (Ind. Ct. App. 1994), petitioner appealed from an action in which Glenn Smith, the shipper, filed suit against petitioner regarding an allegedly lost shipment. Mr. Smith sought to recover $995, the (continued...)Page: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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