[DOWNLOAD] "Eastman Kodak Co. v. Westway Motor Freight Inc." by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Eastman Kodak Co. v. Westway Motor Freight Inc.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Having previously conceded liability, Defendant-Appellant Westway Motor Freight, Inc. (""Westway"") appeals a judgment for damages entered against it by the district court. On appeal, Westway raises three issues. First, appellant argues that the trial court erred in granting judgment in the amount of the full invoice value of the destroyed film. Second, Westway asserts that the trial court erred in denying it a credit against Eastman Kodak Company's (""Kodak"") invoice value in recognition of the film's salvage value and savings realized by Kodak. Third, appellant argues that the trial court abused its discretion in calculating and awarding Kodak prejudgment interest at eight percent. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.1 In May 1987, Kodak shipped a load of sensitized photographic material on a truck operated by Westway from a Kodak production facility in Colorado to a Kodak regional distribution center in California. On the bill of lading, the parties agreed that the temperature in the trailer carrying the goods would not rise above fifty degrees Fahrenheit. When the trailer was opened in California, the temperature inside was well above fifty degrees Fahrenheit and most of the photographic material was destroyed.