Marriott shipped canned goods from kansas to maryland on


Question: Marriott shipped canned goods from Kansas to Maryland on the Norfolk & Western Railroad. A severe rainstorm occurred and five inches of rain fell in four hours, something that had not happened in twenty years. The train derailed when a creek overflowed and washed out the road bed. Marriott sued for the loss of the canned goods. The railroad's defense was that the accident resulted from an act of God and thus the railroad was not responsible. Was the railroad correct? (Marriott Corporation v. Norfolk & Western RR Co., 319 Fsupp 646)

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