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UPJOHN COMPANY v. TIMPANY

168 N.J. Super. 283 (1979)

402 A.2d 979

THE UPJOHN COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. R.D. TIMPANY, TRUSTEE OF THE CENTRAL RAILROAD OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1979.

Attorney(s) appearing for the Case

Mr. Steven E. Brawer argued the cause for appellant (Lum, Biunno & Tompkins, attorneys).

Mr. E. Neal Zimmermann argued the cause for respondent (Conway, Belsole & Gardner, attorneys).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by KING, J.A.D.

This is an appeal from a summary judgment in favor of defendant dismissing plaintiff's complaint claiming damages to an interstate rail shipment. The trial judge held that the claim was barred by plaintiff's failure to submit a timely notice to the carrier, Central Railroad of New Jersey (CRNJ), within the time required in the bill of lading. Plaintiff contends...

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