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Marquette Cement Manufacturing Co. v. Louisville & Nashville Railroad Co.

United States District Court for the Eastern District of Tennessee
281 F. Supp. 944 (1967)


Marquette Cement Manufacturing Company (Marquette) (plaintiff) sold cement. Marquette had two divisions. One division, Concrete Pipe, always purchased air-entrained cement, which had the same appearance as regular cement. The other division, Rock Products, always purchased regular cement and then added its own air to the cement. Louisville & Nashville Railroad Company (L & N) (defendant) accidentally delivered a carload of air-entrained cement intended for Concrete Pipe to Rock Products. The bill of lading for the shipment showed that the cement was air-entrained, but the railroad clerk responsible for the mistake did not know what the designation meant or that there was any difference between the cement shipped to Concrete Pipe and the cement shipped to Rock Products. Rock Products added air to the already air-entrained cement, which contractors then used in a construction project. That cement later had to be removed and redone. Marquette sued L & N, seeking consequential damages for: (1) the value of the carload of cement, (2) the freight charges, (3) the cost of replacing the cement in the construction projects, and (4) the amount paid to a concrete-testing laboratory.

Rule of Law


Holding and Reasoning (Wilson, J.)

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