Canberra Industries, Inc. v. Braniff Intern., 5588
| Citation | 536 S.W.2d 99 |
| Decision Date | 08 April 1976 |
| Docket Number | No. 5588,5588 |
| Parties | CANBERRA INDUSTRIES, INC., Appellant, v. BRANIFF INTERNATIONAL, Appellee. |
| Court | Texas Court of Appeals |
Henry Stollenwerck, Dallas, for appellant.
Touchstone, Bernays & Johnston, Dallas, for appellee.
This is an appeal by plaintiff Canberra from summary judgment that it recover from defendant Braniff $51.50.
Canberra sued Braniff alleging that it delivered a Computer Cassette Tape Transport System in perfect condition to defendant in Tulsa, Oklahoma, for shipment to Dallas, Texas; that the Cassette Tape Transport System was delivered in Dallas in a damaged condition, to plaintiff's damages in the sum of $2,321.89.
Braniff answered that its liability was limited to $51.50 because no value was declared on the Air Bill, thereby limiting its liability to the condition contained under the applicable Tariff and Condition Contract, which was $51.50.
Canberra moved for summary judgment, attaching affidavit of Walter McKay, Jr., who swore that he was an employee of Canberra; that he delivered the Casette Tape Transport System to Braniff in Tulsa, Oklahoma for shipment to Dallas, Texas; that it was in perfect condition; that he paid the freight bill charged by Braniff; that thereafter he picked the Cassette Tape Transport System up from Braniff in Dallas; that it was delivered in damaged condition; such damage amounting to $2,321.89.
Braniff moved for summary judgment that Canberra have judgment for $51.50, attaching the affidavit of its employee Jerry Mills, the Air Bill, and the referenced Tariff (filed with the Civil Aeronautics Board), which showed that no value was declared on the Air Bill by Canberra, and that pursuant to the Tariff, recovery by Canberra is limited to a value of 50 cents per pound, or a total of $51.50. If a value had been declared by Canberra an additional transportation charge of 15 cents for each $100. or fraction of value exceeding 50 cents per pound or $50., would have been made.
The trial court granted Braniff's motion and rendered judgment for Canberra for $51.50 plus costs.
Canberra appeals on 2 points:
1) The trial court erred in holding that Canberra could not recover all of its damages.
2) The trial court erred in granting summary judgment because Braniff did not prove that the provisions of the Tariff were applicable.
The Air Bill reflects that Canberra shipped the Computer System, weight 103 pounds to itself from Tulsa,...
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