Hector Martinez and Co. v. Southern Pacific Transportation Co.
United States Court of Appeals for the Fifth Circuit
606 F.2d 106 (1979)
Martinez (plaintiff) engaged Southern Pacific Transportation Co. (Southern) (defendant) to deliver a large excavation machine. The machine should have been delivered on March 1, but arrived on April 2. The machine was damaged in transit and Martinez had to make repairs, which were not completed until June 20. Martinez filed suit, seeking (1) recovery of the cost to repair, (2) recovery of storage charges, and (3) recovery for loss of use during transit and during the time repairs were being made. The parties settled the first two claims and Southern filed a motion to dismiss on the claim for loss of use, alleging that it is a request for special damages for which it had no notice. The trial court permitted Martinez to amend his complaint to allege notice, but Martinez refused and the trial court granted the motion. Martinez appealed to the Court of Appeals for the Fifth Circuit.
Rule of Law
Holding and Reasoning (Vance, C.J.)