Asea, Inc. v. Southern Pac. Transp. Co.
United States Court of Appeals for the Ninth Circuit
669 F.2d 1242 (9th Cir. 1981)
The Los Angeles Department of Water & Power bought an electrical transformer from New York corporation, Asea, Inc. (Asea) (plaintiff). The transformer was transported from the Swedish manufacturer Asea A/B to Los Angeles by ship, at which point Southern Pacific Transportation Co. and Harbor Belt Line (the railroads) (defendants) took custody and shipped it by rail to North Hollywood, California. The transformer was damaged in transit. Asea sued the railroads in federal court under diversity jurisdiction for negligence, breach of warranty, and violations of a California statute. Discovery lasted over a year. Asea served requests for admissions on the railroads, as permitted by Federal Rule of Civil Procedure (FRCP) 36(a), largely related to when and how the transformer was damaged. The railroads provided form responses to 18 requests, stating that after reasonable inquiry, the railroads could neither admit nor deny the matters. The railroads answered the accompanying interrogatories as “(n)ot applicable.” Asea later concluded that the railroads had known what happened to the transformer and should have admitted or denied the requests. Asea moved to have the requests deemed admitted. The railroads gave unsatisfactory answers at a hearing, and the district court granted Asea’s motion.
Rule of Law
Holding and Reasoning (Wallace, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.