Wenner v. Willow Creek Carriers Inc.

This case concerned damage to two grain dryers carried from Nebraska to Saskatchewan. The damage occurred when the dryers struck an overpass. The Defendant carrier argued that it was entitled to limit its liability to $2.00 per pound pursuant to the provisions of the Motor Carrier Act and the Regulations. However, both at trial and on appeal it was found that there was an agreement that the Defendant would insure the cargo for its full value and that the Defendant had not done so. It was held that the limitation provisions of the Motor Carrier Act and Regulations did not apply to such a breach.