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July 30, 2007
MUSIC STATION, INC., PLAINTIFF-APPELLANT,v.AJD CONSTRUCTION COMPANY, VIBRA-TECH ENGINEERS, INC., JERSEY CITY, THE EVENING JOURNAL ASSOCIATION, DEFENDANTS-RESPONDENTS,2854 KENNEDY L.L.C., A/K/A THE ALPERT GROUP, JERSEY CITY REDEVELOPMENT AGENCY, CAP SERVICES, INC., DEFENDANTS, AND AJD CONSTRUCTION COMPANY, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT,v.LINDE-GRIFFITH CONSTRUCTION CO., Z&Z CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, HUD-L-1020-04.
Submitted July 3, 2007
Before Judges Axelrad and Winkelstein.
Plaintiff, a former tenant of one of the defendants, The Evening Journal Association (Evening Journal), alleges that it suffered damages as a result of vibrations caused by pile driving on an adjacent property. Plaintiff appeals from multiple trial court orders that denied his motion to extend discovery; barred his expert; granted summary judgment to all defendants; and awarded sanctions against plaintiff's counsel. On appeal, plaintiff raises the following points:
a. The Lower Court Erroneously And Prematurely Granted VibraTech's Motion For Summary Judgment Prior To The Advent Of Discovery.
b. The Lower Court Inappropriately Granted Summary Judgment to Evening Journal Despite Its Breach of Music's Quiet Enjoyment.
c. The Lower Court Improperly Granted Summary Judgment to The Remaining Defendants Even Though Issues Of Fact Exist Under The Doctrine Of Res Ipsa Loquitur.
a. Discovery Deduced That VibraTech Was Actively Inspecting The Damaged Store During the Course of Construction Foreclosing Its Argument That The Complaint Against VibraTech Was Frivolous.
b. The Court's Sanctions Were In The Very Least Excessive.
Having given careful consideration to plaintiff's arguments in light of the record, we affirm each order from which plaintiff has filed an appeal.
The facts before the trial court may be summarized as follows. Plaintiff, Music Station, Inc. (Music Station), is a corporation that operated a retail music store at 2866 Kennedy Boulevard in Jersey City. Defendant 2854 Kennedy L.L.C. owned the adjacent property. Plaintiff alleges that in late September 2003 the vibrations from pile driving*fn1 performed on Kennedy's property by defendant AJD Construction Company (AJD) and third-party defendant Linde-Griffith Construction Company, the subcontractor AJD hired to perform the pile driving, caused foundation damage and cracks in the building that plaintiff leased from Evening Journal. After the cracks were observed by representatives of plaintiff and Evening Journal, engineers retained by Evening Journal also discovered that the building's foundation had shifted and settled.
Immediately after discovering the damage, plaintiff contacted representatives of its landlord, who viewed the damage and contacted defendant Jersey City. Representatives of the City's building department and fire department arrived on-scene and ordered plaintiff to vacate the premises until AJD could "shore[] up the side of [the] building." In a letter dated September 29, 2003, and in a more extensive report dated January 5, 2004, experts retained by Evening Journal concluded that the damage to the building had been caused by the construction and that the premises should be vacated.
Vibra-Tech Engineers, Inc. (Vibra-Tech) was hired to monitor the construction.*fn2 Vibra-Tech began conducting vibration monitoring on October 9, 2003. It noticed that all of the piles near the Music Station premises had already been driven and that there was "substantial damage . . . [that] did not exist at the time of [a] Pre-Construction Inspection" of surrounding properties that Vibra-Tech had conducted.
The City issued two stop work orders to AJD; one in September 2003, and the other in December 2003.*fn3 The December 26, 2003 stop work order informed AJD that "it appears that work . . . conducted at the site has adversely effected the adjacent property." The City also twice ordered plaintiff to vacate the building, corresponding with the stop work orders issued to AJD; once, as noted, in September 2003, immediately after the cracks were discovered, and again in December 2003. After the initial stop work order, Mark Minyan, the proprietor of Music Station, was allowed to return to the premises starting in November; however, he could only "come in personally[,] [n]ot to do business." Minyan resumed business in December 2003. But, soon after, plaintiff was again ordered to vacate because the cracks in the basement wall were near the gas line.
Plaintiff did not resume doing business in the premises after it vacated in December 2003. In either July or August 2004, plaintiff relocated to 2828 Kennedy Boulevard. At his deposition, Minyan testified that he was never informed that Music Station's lease had been terminated, but he did receive a notice in late 2004 informing him, "[i]f you don't move your stuff out, it will be trashed," which he considered an eviction notice. A representative of Evening Journal testified at her deposition that Evening Journal never evicted plaintiff or terminated its lease, nor was the property condemned. She testified that Minyan was told that he could return to the building when the premises were repaired. Minyan testified that he did not pay rent to Evening Journal after the summer of 2003; he had received a letter from Evening Journal informing him he did not have to pay rent.
In its complaint, plaintiff alleged that Vibra-Tech negligently monitored AJD's construction activities, and was thus responsible for the damages to plaintiff's leased premises. The evidence shows that Vibra-Tech was initially hired to perform only pre- and post-construction inspections, to survey the buildings surrounding the construction site so as to provide a comparison of the condition of those buildings before and after construction. Though Vibra-Tech had initially offered to perform vibration monitoring services, AJD rejected the proposal. Thus, Vibra-Tech was not hired to provide vibration monitoring services as of September 2003, when plaintiff alleges the damage occurred, and did not begin monitoring until October 9, 2003. In fact, Vibra-Tech claims it was hired to "monitor vibrations as a direct result of the damages sustained by plaintiff."
Against this factual backdrop, we next review the tortured procedural history preceding the dismissal of plaintiff's complaint. On February 19, 2004, plaintiff filed a five-count complaint against defendants AJD, Vibra-Tech, Evening Journal, the City, and a John Doe defendant. John Doe was the owner of the property adjacent to plaintiff's; that property owner was subsequently discovered to be defendant Kennedy, which hired AJD to perform construction on the property. Plaintiff alleged that Vibra-Tech failed to appropriately perform its monitoring activities. Plaintiff also alleged that the City owned the property adjacent to plaintiff's before Kennedy owned it and had conducted demolition that led to the eventual damage to plaintiff's property. Further, plaintiff claimed that Evening Journal failed to make appropriate repairs of the damage caused by the construction and thus, constructively evicted plaintiff.
In March 2004, plaintiff filed an amended complaint naming Kennedy as the owner of the adjacent premises. AJD filed a third-party complaint against the Linde-Griffith Construction Company, the subcontractor that performed the pile driving, seeking contribution and indemnification; AJD later amended the third-party complaint to add an additional third-party defendant.
In response to AJD's amended third-party complaint, plaintiff requested, by a letter dated February 28, 2005, that the discovery end-date be extended sixty days, from March 1, 2005 to April 29, 2005. By an April 29, 2005 order, Judge Messano granted plaintiff's motion to reinstate Kennedy as a defendant;*fn4 the order gave plaintiff until May 15, 2005 to serve Kennedy and file proof of service. The court also granted plaintiff's motion to amend the complaint to add additional defendants, giving plaintiff until May 30, 2005 to serve those parties, defendants Cap Services, Inc. and the Jersey City Redevelopment Agency, with the complaint and all discovery. The order adjourned the trial, which had been set for May 18, 2005, and scheduled a case management conference for June 13, 2005.
On June 30, 2005, pursuant to the case management conference referenced in Judge Messano's April 29, 2005 order, the court ordered plaintiff to file all expert reports by December 16, 2005, with all expert depositions to be completed by April 1, 2006. At plaintiff's request, the court, on February 3, 2006, extended the discovery end-date to June 1, 2006; the court ordered that plaintiff serve all expert reports by April 15, 2006, with all expert depositions to take place before the discovery end-date. The court noted that if plaintiff's reports were not served by that date, they would be barred.
On May 13, 2005, Judge Charles granted summary judgment to Vibra-Tech. On January 10, 2006, he entered an order directing plaintiff's counsel to pay Vibra-Tech's attorneys' fees and costs pursuant to Rule 1:4-8. Following Vibra-Tech's submission of a certification of services, and consideration of plaintiff's motion for reconsideration of the order imposing sanctions, the court ordered plaintiff's counsel to pay Vibra-Tech $16,668.88. The counsel fee award was based on plaintiff's failure to dismiss Vibra-Tech from the litigation in light of the correspondence from Vibra-Tech representatives informing plaintiff that Vibra-Tech was not involved in the construction activity that damaged plaintiff's property.
Prior to answering the complaint, Vibra-Tech's chief executive officer sent a letter to plaintiff's counsel on May 28, 2004, requesting that Vibra-Tech be dismissed from the suit and informing plaintiff's counsel that Vibra-Tech did not, at any time, "perform any consulting, develop vibration criterion, or advise on the protection of the property"; supporting documentation was enclosed with the letter. Vibra-Tech asserted that it was retained to perform pre- and post-construction inspections of adjacent buildings to determine if there were structural changes to the buildings between the time construction started and ended, and that it was only asked to monitor vibrations after the period of time when plaintiff alleged its damages occurred. On June 3, 2004, a Vibra-Tech representative sent a follow-up letter, asserting that there was "no factual basis [for Vibra-Tech] to be included as a defendant in the litigation."
By order filed June 9, 2006, the court denied AJD's and Kennedy's motion to dismiss plaintiff's complaint; denied a motion to "furnish more discovery"; and barred plaintiff from presenting expert testimony at trial because of plaintiff's failure to submit expert reports, having excluded plaintiff's June 1, 2006 expert report as "very late." In its brief, plaintiff alleges that it attempted to procure an expert on April 4, 2006, which was before the discovery end-date;*fn5 but, plaintiff's counsel maintains that he received the expert report unsigned on June 1, and was unable to obtain signature until June 5 because of a religious holiday falling on June 2. On August 4, 2006, the court denied plaintiff's motion to reconsider its decision barring plaintiff's expert report.
On August 18, 2006, Judge Tolentino granted summary judgment to AJD and Kennedy. By a separate order entered that day, the court granted summary judgment to Evening Journal.*fn6 The judge, addressing plaintiff's failure to provide an expert, and its argument that res ipsa loquitur applied so that an expert report was not needed, stated,
I consider that this is not a[] [res] ipsa situation. . . . I find that the jury would need really the direction and the expert opinion here that could guide them.
I consider that there would be too much speculation if there were not experts with respect to the issue here of negligence and of the damages.
In its notice of appeal filed on October 2, 2006, plaintiff appealed from the following orders: the August 4, 2006 order, which denied plaintiff's motion to reconsider Judge Messano's order barring plaintiff's expert report; the August 10, 2006 order, which denied reconsideration of the imposition of attorney's fees and set the amount of attorneys' fees due VibraTech; and the August 18, 2006 orders, which granted summary judgment to Kennedy, AJD and Evening Journal. Plaintiff has not appealed from the May 13, 2005 summary judgment dismissing Vibra-Tech as a defendant.*fn7
We first address plaintiff's claim that the Law Division improperly granted summary judgment to Vibra-Tech prior to the completion of discovery. That argument is without merit. Plaintiff has not filed an appeal from the summary judgment dismissing Vibra-Tech from the case. It is only the order for sanctions from which plaintiff has taken an appeal. A notice of appeal must designate the order from which the appeal is taken.
R. 2:5-1(f)3A. The order granting summary judgment to VibraTech is not included in plaintiff's notice of appeal, and it is therefore not properly before us for review. See Campagna v. Am. Cyanamid Co., 337 N.J. Super. 530, 550 (App. Div.) (orders not indicated in notice of appeal are not reviewable by appellate court), certif. denied, 168 N.J. 294 (2001).
Plaintiff's only claim on appeal as to Vibra-Tech concerns the sanctions the trial judge imposed upon plaintiff's counsel as a result of a violation of Rule 1:4-8. Rule 1:4-8(d) provides that sanctions for frivolous litigation may include reasonable counsel fees and other expenses. In reviewing an award under that rule, we apply an abuse of discretion standard. Masone v. Levine, 382 N.J. Super. 181, 193 (App. Div. 2005). An "abuse of discretion is demonstrated if the discretionary act was not premised upon consideration of all relevant factors, was based upon consideration of irrelevant or inappropriate factors, or amounts to a clear error in judgment." Ibid.
Here, we find no such abuse of discretion. In addressing plaintiff's motion for reconsideration as to that issue, Judge Charles, in a decision from the bench on August 10, 2006, concluded that plaintiff knew or should have known that there was no valid factual basis for . . . suing defendant Vibra-Tech. . . .
The . . . depositions of parties and witnesses taken after summary judgment was granted failed to develop a factual basis which would support a claim against VibraTech and/or which would . . . provide a basis for . . . moving to reinstate the complaint against defendant Vibra-Tech. The Court would also note that on oral argument on this motion, the Court pointedly asked plaintiff's attorney whether depositions or any other discovery have revealed a basis for liability against defendant Vibra-Tech. His answer was in the negative.
The judge's reasoning was sound and supported by the record. As to the amount of the sanction, the court found that plaintiff did not establish that Vibra-Tech's attorney's claim as to the hours expended was excessive, abusive or outrageous; nevertheless, the court reduced Vibra-Tech's claim from $33,333.77 to $16,668.88. We find no abuse of discretion in that award.
Next we turn to plaintiff's argument that Judge Messano improperly barred plaintiff's expert report. That argument too is without merit.
The complaint was filed on February 19, 2004. Discovery was extended on multiple occasions, with the court eventually requiring that all expert reports be filed by April 15, 2006, with all expert depositions to be completed by June 1, 2006, the discovery end-date. It was not until June 2006 that plaintiff submitted an expert report. Plaintiff's argument that the expert report was submitted unsigned on June 1, and could not be submitted with a signature until June 5 is of no moment; both dates are beyond the April 15 deadline for submission of expert reports. Given the procedural posture of the case at the time Judge Messano barred plaintiff's expert, his decision did not constitute an abuse of discretion involving a clear error in judgment. See Harris v. Peridot Chem. (N.J.), Inc., 313 N.J. Super. 257, 279, 283 (App. Div. 1998) (discretionary decisions entitled to deference and not to be reversed absent abuse of discretion involving clear error in judgment); see also Il Grande v. DiBenedetto, 366 N.J. Super. 597, 610 (App. Div. 2004) (judge's rulings on discovery matters given deference by reviewing court absent abuse of discretion).
We next turn to plaintiff's claim that the court improperly granted summary judgment to AJD and its subcontractors, those responsible for the pile driving activities. We again find no support for plaintiff's arguments. Plaintiff is unable, without the aid of expert testimony, to establish a proximate link between any of plaintiff's alleged injuries and the pile driving activities. An expert is necessary to testify as to the vibrations caused by the pile driving and their effects upon plaintiff's property; this subject matter is not within the ken of a lay juror. See Torres v. Schripps, Inc., 342 N.J. Super. 419, 430 (App. Div. 2001) ("expert testimony is needed where the factfinder would not be expected to have sufficient knowledge or experience and would have to speculate without the aid of expert testimony"). Simply because pile driving occurred next door to plaintiff's property does not mean that those activities caused damage to plaintiff's property, or, if they did, that the quantum of damages can be determined without the aid of an expert.
Plaintiff claims that no expert was necessary under the doctrine of res ipsa loquitur. That argument is misplaced. "The doctrine of res ipsa loquitur permits an inference of defendant's negligence 'where (a) the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality was within the defendant's exclusive control; and (c) there is no indication in the circumstances that the injury was the result of the plaintiff's own voluntary act or neglect.'" Buckelew v. Grossbard, 87 N.J. 512, 525 (1981) (quoting Bornstein v. Metro. Bottling Co., 26 N.J. 263, 269 (1958)).
Here, plaintiff has not met that test. While the pile driving instrumentality was within defendants' control and there was no evidence that plaintiff's injuries were the result of its own voluntary acts, plaintiff is unable to establish that pile driving itself "ordinarily bespeaks negligence." Plaintiff has cited no authority for that proposition, and we are not convinced that pile driving, which is not an uncommon construction activity, without more, bespeaks negligence. Though no New Jersey case has addressed this issue, other jurisdictions have held that res ipsa is inapplicable to damages resulting from pile driving activities. See Ted's Master Serv., Inc. v. Farina Bros. Co., 178 N.E.2d 268, 269-70 (Mass. 1961) (res ipsa loquitur doctrine not applicable in actions for damage to plaintiff's buildings caused by defendant's pile driving operations); Momeier v. Koebig, 66 S.E.2d 465, 467 (S.C. 1951) (injuries to buildings or improvements by pile driving on adjoining property must rest in negligence); Ockman v. T. L. James & Co., 124 So. 2d 778, 779 (La. Ct. App. 1960) (res ipsa loquitur doctrine not applicable in case of damages allegedly caused by vibrations from defendant contractor's operations).
The only remaining issue addressed in plaintiff's brief that we will discuss in some detail is plaintiff's claim for constructive eviction against its landlord, Evening Journal. Plaintiff asserts that because its lease with Evening Journal provided plaintiff with the right of quiet enjoyment, and because Evening Journal failed to timely repair damages to the building plaintiff was renting, there are, "in the very least, . . . issues of fact regarding [Evening Journal's] liability for damages sustained by [plaintiff]." This argument is without merit.
First, as noted earlier, plaintiff does not have an expert to establish that there was, in fact, damage that needed repair to the building plaintiff was renting from Evening Journal. For that reason alone, plaintiff's claim against Evening Journal must fail.
Even more fundamental, plaintiff has failed to establish any wrongdoing by its landlord. A constructive eviction requires a wrongful act of a landlord. Weiss v. I. Zapinsky, Inc., 65 N.J. Super. 351, 357 (App. Div. 1961); Duncan Dev. Co. v. Duncan Hardware, Inc., 34 N.J. Super. 293, 297 (App. Div.), certif. denied, 19 N.J. 328 (1955). If we were to assume, without deciding, for purposes of the summary judgment motion, that plaintiff was, in fact, required to permanently leave the premises as a result of the construction activities, that does not translate to a conclusion that plaintiff's landlord, Evening Journal, committed a wrongful act. An inference of wrongdoing on behalf of the landlord is "a sine qua non to constructive eviction." Id. at 358. Plaintiff has presented insufficient evidence to warrant an inference that Evening Journal committed a wrongful act.
Finally, we find plaintiff's arguments as to the remaining defendants to be without sufficient merit to warrant discussion in a written opinion. See R. 2:11-3(e)(1)(E). Accordingly, we affirm the dismissal of plaintiff's complaint as to all defendants.
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The future is (almost) now
Posted by Daniel Hall on December 12, 2007
Tim "Rhymes with Cab" Haab responds to today's article in the Post about DC's new peak electricity pricing program:
Too cool. I'm picturing little LED displays on light switches and wall plates that post the current electricity price. Then when my kids charge their cell phones, GameBoys, ipods, portable DVD players, digital cameras…they'll at least know how much I have to pay. They won't care, but, at least they'll know.
But like Mike Giberson over at Knowledge Problem, I'm a little worried about this:
Pepco is about to start sending personal e-mail messages to Jonathan and Lauren Schwabish every few hours that could determine when they do the dishes, wash the baby's clothes or turn on the air conditioner.
Huh? This is the best they can come up with for notifying customers? Because what I'm picturing is more like what they talk about later in the article:
The Schwabishes and hundreds of others in the D.C. pilot program got another device, too, a "smart thermostat" that will allow Pepco to send a radio signal to their home to cycle down their central air conditioning for 15 or 30 minutes an hour when power prices are high and ramp it back up then they fall.
I love the idea of knowing exactly what I'm paying for electricity in real time. But I'm an enormous nerd. Realistically, it's unlikely that most people will pay really close attention to it. The idea of automated appliances that can cycle down would be an enormous benefit, particularly as more and more people had them. If all the neighborhoods on a block had them, for example, one-quarter of the houses could automatically have their air conditioning cycled down for only 15 minutes of each hour of peak use, and it would significantly cut down — and smooth — consumption. But, as I've been doing my whole life, I'm just going to have to wait a few years for the future to get here.
Update: Lynne Kiesling at Knowledge Problem has more.
One Response to "The future is (almost) now"
December 12, 2007 at 4:39 pm
Agreed, email messages to Mr. and Mrs. Schwabish seem pretty absurd. The Pepco press release actually says information will be provided in text messages to the "smart" thermostats to alert people of peak prices. I'm crossing my fingers that the Washington Post just made a misinterpretation.


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Harvard Law School
Profs Question Lessig's Call for Electoral College to Select Clinton
Some Harvard professors have questioned Law School professor Lawrence Lessig's call for the Electoral College to cast their ballots for Democratic presidential nominee Hillary Clinton instead of President-elect Donald Trump.
Lewis Headlines Debate on Constitutionality of Final Club Sanctions
Four professors debated the First Amendment implications of the College's plan to penalize members of single-gender social organizations on Tuesday, reframing a controversial campus issue in constitutional terms.
Law Professor Included on Conservative Nonprofit's 'Watchlist'
According to the group's website, the goal of the list is to "expose and document college professors who discriminate against conservative students and advance leftist propaganda in the classroom."
Anti-Semitic Postcard Promises to 'Drain the Swamp' at Harvard Law
The brief postcard, which includes threatening, explicit, and anti-Semitic attacks on visiting Law professor Sanford Levinson, ends with: "We're gonna drain the swamp at Harvard Law. Juden Raus!"
Law School Student Groups Mark One Year Since Black Tape Vandalism
A year after a racially-charged act of vandalism shook the Law School and sparked an intense period of race-related activism, Law School student affinity groups are presenting a visual exhibit at the school to mark the anniversary of the incident.
'Justice for Black Women Week' Hopes to Ignite Conversation
The Harvard Black Law Students Association hosted Justice for Black Women Week in the hopes of bringing black women to the focus of nationwide conversation.
Elections Lawyer Argues for Reevaluation of Electoral College
Election and campaign finance lawyer Jerry H. Goldfeder encouraged the country to remain resilient in light of the Presidential election results at a Law School event on Friday.
"Harvard Against Hate"
Students gather at the "Harvard Against Hate" rally Thursday afternoon, which was organized by activist group Reclaim Harvard Law in response to Donald Trump's election win.
University Will Not Prefer Antiguans and Barbudans in Admissions
The Chief of Staff for University President Drew G. Faust said Harvard Law School will not reserve spots for students from the country as compensation for a 19th century Harvard donor's ownership of Antiguan slaves.
Law Students Rally Against Trump
About 100 students, faculty, and staff from several of Harvard's schools chanted and heard speeches around University Hall Thursday to protest Donald Trump's victory in the presidential election.
Historian Connects Frederick Douglass to Presidential Election
David Blight, professor of American History at Yale University, connected Frederick Douglass's life and work to the 2016 presidential election at the Harvard Law School Wednesday.
Attorney Emphasizes Political Power of Art
An attorney cautioned Harvard Law School students Wednesday that legally defending artistic creation has become more urgent after the 2016 presidential election.
White Collar Felon and Former FBI Informant Visits HLS
Tom Hardin, a white collar felon and subsequent FBI informant, recounted his experiences with insider trading and federal investigations
FBI In HLS
Tom Hardin talks to Harvard Law School students about insider trading and being a FBI informant.
Law School Dean Emphasizes Mediation for Bioethical Issues
At a lecture Thursday, Harvard Law School Dean Martha L. Minow emphasized the benefits of resolving bioethical issues through mediation, rather than litigation.


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New Jersey Superior Court, Appellate Division
Decided: May 15, 1979.
THE UPJOHN COMPANY, A CORPORATION, PLAINTIFF-APPELLANT,v.R. D. TIMPANY, TRUSTEE OF THE CENTRAL RAILROAD OF NEW JERSEY, DEFENDANT-RESPONDENT
On appeal from the Superior Court of New Jersey, Law Division, Essex County.
Conford, Pressler and King. The opinion of the court was delivered by King, J.A.D.
[168 NJSuper Page 285] 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
[168 NJSuper Page 286]
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 that the nine-month time limitation was inapplicable because the bill of lading was not in effect at the time of loss.
On March 13, 1973 plaintiff, The Upjohn Company, shipped a tank car of PAPI (a synthetic plastic liquid) from its Houston plant to a terminal and trans-shipping facility in Elizabethport, New Jersey. This facility was known as Through Bulk Service (TBS) and was an operating division of CRNJ. The goods were consigned to "The Upjohn Company, c/o T.B.S. Terminal, Ramp Track, Elizabethport, New Jersey" and arrived on March 22, 1973. Upjohn instructed TBS to hold the tank car at the Elizabethport facility and per instructions to trans-ship piecemeal quantities of the PAPI to tank trucks for shipment to its ultimate customers in interstate commerce. The off-loading of the PAPI was to be done by the carrier's employees.
On April 10, April 23 and May 3 portions of the PAPI were off-loaded and trans-shipped to Upjohn's customer, Bally Case and Cooler, in Bally, Pennsylvania. Each shipment was by truck pursuant to a separate bill of lading. Bally rejected the last two shipments as unsuitable. Samples of the PAPI were then tested by Upjohn and found to be contaminated by moisture. The partially-full tank car was thereafter returned to Upjohn at Houston, arriving on May 31, 1973, and could not be salvaged.
Plaintiff submitted its claim for $32,449.74 in damages on April 23, 1974, more than nine months after the goods were returned to it in Houston. The claim was thereafter rejected by CRNJ on the ground that it had not been presented within nine months after delivery
Plaintiff contends that the time limitation of the bill of lading issued in Texas did not apply once the goods reached the TBS terminal in Elizabethport. Plaintiff asserts that it appointed TBS as its agent to receive the goods on its behalf
[168 NJSuper Page 287]
and that upon arrival the bill of lading expired. Plaintiff argues that this intent was expressed by the consignment to itself, "c/o TBS", and that after delivery a common law bailment was created, ungoverned by the bill of lading.
Liability for damage to interstate shipment of goods is governed by the Carmack Amendment of 1906 to the Interstate Commerce Act, 34 Stat. 595, 49 U.S.C.A. § 20(11):
The Carmack Amendment of 1906, § 20(11) of the Interstate Commerce Act, makes carriers liable "for the full actual loss, damage or injury . . . caused by" them to property they transport, and declares unlawful and void any contract, regulation, tariff, or other attempted means of limiting this liability. It is settled that this statute has two undisputed effects crucial to the issue in this case: First, the statute codifies the common-law rule that a carrier, though not an absolute insurer, is liable for damage to goods transported by it unless it can show that the damage was caused by "(a) the act of God; (b) the public enemy; (c) the act of the shipper himself; (d) public authority; (e) or the inherent vice or nature of the goods." * * * Second, the statute declares unlawful and void any "rule, regulation, or other limitation of any character whatsoever" purporting to limit this liability. * * * Accordingly, under federal law, in an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages. Thereupon, the burden of proof is upon the carrier to show both that it was free from negligence and that the damage to the cargo was due to one of the excepted causes relieving the carrier of liability. [ Missouri P.R. Co. v. Elmore & Stahl , 377 U.S. 134, 137-138, 84 S. Ct. 1142, 1144, 1145, 12 L. Ed. 2d 194 (1964)]
Initiating carriers are liable for the full amount of any loss, regardless of whether it occurs on the routes of the initiating carrier, any connecting carrier or the delivering carrier. The shipper has the option of proceeding against either the initiating or delivering carrier. Semi Metals, Inc. v. Pinter Bros. , 126 N.J. Super. 124, 128 (Law Div. 1973), mod. on other grounds, 135 N.J. Super. 464 (App. Div. 1975), aff'd 70 N.J. 437 (1976).
[168 NJSuper Page 288]
Carriers are not permitted to limit their liability by contract, either as to time or amount, except as specified by the act. As to time limitation the statute states:
Provided further , that it shall be unlawful for any such receiving or delivering common carrier to provide by rule, contract, regulation or otherwise a shorter period for the filing of claims than nine months, and for the institution of suits than two years * * *. [49 U.S.C.A. § 20(11)]
The uniform bill of lading used by Upjohn contained a standard condition based on this statute:
Sec. 2(b) As a condition precedent to recovery claims must be filed in writing with the receiving or delivering carrier within nine months after delivery of the property * * *. When claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid. [Emphasis supplied]
While this condition is more specific than the statute in requiring that the claim be in writing and that time runs from delivery, these requirements have become "an integral part of the uniform published tariffs and regulations, which a carrier may not waive or be estopped to assert" and are "a safeguard against tariff abuses and discriminations." See Johnson & Dealaman, Inc. v. Wm. F. Hegarty, Inc. , 93 N.J. Super. 14, 22 (App. Div. 1966).
In order to prevent discrimination and preferences by carriers and to insure uniform treatment of shippers, the Interstate Commerce Act was designed to regulate the entire shipping transaction. Cleveland, C.C. & St. Louis Ry. v. Dettlebach , 239 U.S. 588, 594, 36 S. Ct. 177, 60 L. Ed. 453 (1915). There the United States Supreme Court reversed a state court, ruling that a limitation on the amount of damages contained in a bill of lading did not apply to goods being held in storage. The court noted that the bill of lading referred explicitly to the warehouse function in the following provision:
[168 NJSuper Page 289]
Property not removed by the party entitled to receive it within 48 hours (exclusive of legal holidays) after notice of its arrival has been duly sent or given may be kept in car, depot or place of delivery of the carrier, or warehouse subject to a reasonable charge for storage and to carrier's responsibility as warehouseman only. [at 590, 36 S. Ct. at 178]
This provision is nearly identical with § 4(a) of the bill of lading in the present case which states that
The Supreme Court in Dettlebach held that there was no basis to deprive the shipper of the damage limitation contained in the contract because the goods were held in storage. The Supreme Court also found that this interpretation conformed to the clear policy of the Interstate Commerce Act. The court noted that the definition of "transportation" had recently been amended to include:
This definition in all material respects is the same as the present definition found at 49 U.S.C.A. § 1(3). The court found that this broad definition reflected a legislative purpose to regulate the many services which might be performed by the carrier, "in order to prevent overcharges and discriminations from being made under the pretext of [rendering] such additional services * * *." Id. at 594, 36 S. Ct. at 180.
[168 NJSuper Page 290]
In Southern Ry v. Prescott , 240 U.S. 632, 36 S. Ct. 469, 60 L. Ed. 836 (1915), a similar damage limitation provision was held applicable to a shipment of goods which had arrived at their destination and the consignee had paid the freight charges, given a receipt for the goods, but took away only part of them; the rest were permitted to remain with the carrier and were destroyed by fire. The court determined, "the actual service in holding the goods continued and we must look to the bill of lading to determine the legal obligation attaching to that service." Id. at 639, 36 S. Ct. at 472. These facts were not effective to create any special contract apart from the bill of lading.
This doctrine was strengthened in Western Transit Co. v. Leslie Co. , 242 U.S. 448, 37 S. Ct. 133, 61 L. Ed. 423 (1917), which again dealt with a damage limitation in the bill of lading. The shipper directed the carrier to hold the goods at a transfer point for further orders. After four months a portion of the goods was stolen. The court held that the reasoning of the previous cases, Dettlebach and Southern Ry. Co. v. Prescott , both supra , was even more persuasive in the case of goods clearly being stored, "in transit." Western Transit Co. v. Leslie & Co., supra at 453, 37 S. Ct. 133. The contention that the carrier had created a separate contract for warehousing by mailing a letter and a copy of its tariff charges to the shipper was rejected on the ground that the goods were already in storage and the tariff simply advised the shipper of the applicable rates. Other cases which have relied on this doctrine include Galveston Wharf Co. v. Galveston H. & S. Ry Co. , 285 U.S. 127, 52 S. Ct. 342, 76 L. Ed. 659 (1932); Great Amer. Tr. Corp. v. Indiana Harbour Belt Co. , 191 F.2d 865 (7 Cir. 1951); Republic Carloading & Dist. Co. v. Miss. Pacific R. Co. , 302 F.2d 381 (8 Cir. 1962).
We conclude that the trial court did not misconceive the status of the parties. The only contractual agreement between the parties was the bill of lading. We see no basic
[168 NJSuper Page 291]
difference between a limitation on the amount of damages and on the time to present a claim and thus find the above-cited United States Supreme Court cases persuasive.
We think it significant that the parties did not attempt to replace the bill of lading with a warehouse receipt once the goods arrived at the TBS terminal as they might have done in a true warehousing situation. See N.J.S.A. 12A:7-201(1). This fortifies our conclusion that the parties intended the bill of lading to continue to control their relationship pending off-loading and trans-shipment of the goods by CRNJ's employees at Elizabethport to the ultimate consumer. Moreover, the Uniform Commercial Code specifically countenances the insertion of a foreshortened period for presenting claims in a warehouse receipt, stating: "Reasonable provisions as to the time and manner of presenting claims * * * based on the bailment may be included in the warehouse receipt * * *." N.J.S.A. 12A:7-204(3).
The present situation was far from a true storage arrangement. The carrier's own employees were engaged by the shipper to transship portions of the goods from time to time from CRNJ's terminal to ultimate consumers in interstate commerce through other carriers. We do not accept plaintiff's contention that its self-designation as consignee at the TBS Terminal removed the goods from transportation under the Interstate Commerce Act and from the scope of the bill of lading.
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Michael Gottschalk's walk-off run-batted-in single in the bottom of the ninth inning drove in the winning run, giving the Hamilton Cardinals a wild 6-5 win over the Toronto Maple Leafs in an Intercounty Baseball League affair on Tuesday night (Aug. 6).
Down to their last out in the ninth inning and trailing 4-3, Toronto's Glenn Jackson reached on an error by Hamilton second baseman Chris Beer. Branfy Arias followed with a run-scoring triple and Jonathan Waltenbury's single scored him with the go-ahead run.
But Hamilton answered right back in the bottom of the ninth on an RBI single by Beer and another run-scoring single by Gottschalk to give the Cards a win in their last regular season game.
The Leafs got a huge break in that their pitching staff wasn't taxed as starter Adam Garner pitched a gritty complete game. Garner allowed six runs on 19 hits with five strikeouts and one walk in 8 1/3 innings, throwing 133 pitches.
Toronto (20-21) saw its four-game winning streak snapped.
Hamilton (16-26) also got some good pitching in their finale. Dustin Gooden went 6 1/3 innings, allowing three runs on three hits with three strikeouts and four walks. Kyle Adoranti went 1 2/3 innings, allowing two hits with two strikeouts and one walk, before Jonathan Solazzo allowed the two runs in the ninth but still got credit for the victory.
Dan Jagdeo hit a two-run homer for the Cardinals and Kyle Gappa, Beer and Solazzo all had three hits. Zack Ranta added two hits including a run-scoring single for the winners, while Zack Sardellitti and Gottschalk both added two hits.
Damon Topolie had two hits and drove in two runs for the Leafs, while Waltenbury had two hits and an RBI and Glenn Jackson added an RBI single. Toronto managed just seven hits and was out-hit 19-7 in the game.
The Cards await the results of the game Wednesday (Aug. 7) between Kitchener and Toronto to find out who they will face in the first round of the playoffs. If the Panthers win, Hamilton will play Kitchener. If Toronto wins, the Cardinals will meet the Barrie Baycats.
The seventh-place Burlington Bandits open their post-season activities in London against the Majors on Thursday (Aug. 8).


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as Mike Mitchell (VI)
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The unsuspecting stars (who died in 1992 and '96, respectively) begin to seem less like nightmare neighbors and more like the victims of rampant exploitation and voyeurism.
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decided : August 9, 1985.
Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of In the Matter of Appeal of Cecil A. Harris, No. 1227 May Term, 1981.
Jonathan Walters, Kirschner, Walters, Willig, Weinberg & Dempsey, for appellant.
Jesse Milan, Jr., Assistant City Solicitor, for appellee.
Judges Doyle and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Doyle.
[ 91 Pa. Commw. Page 48]
Cecil A. Harris (Appellant) appeals to this Court from an order of the Court of Common Pleas of Philadelphia County which affirmed a decision and order of the Philadelphia Civil Service Commission (Commission) denying Appellant's request for back-pay for approximately four months of a seven month period of suspension from employment.
[ 91 Pa. Commw. Page 49]
Appellant is employed as a tow-truck operator for the Philadelphia Police Department. On February 27, 1979, he was scheduled to work the night shift. Sometime after reporting to work at 10:30 P.M., he received orders to clear an area near a church for a funeral to be held the next morning. When he arrived at the scene, at approximately 1:00 A.M., he observed a 1970 Cadillac as one of the cars which, in his opinion, needed to be towed. Appellant testified before the Commission that the Cadillac was very dirty and in his judgment appeared to be abandoned. He removed the automobile from the scene and was in the process of towing it to the city garage when he was stopped by the police. The owner of the Cadillac (Mr. Coleman) testified that on the evening of February 27, 1979, he parked his car legally on the street in an unrestricted location just as usual, and, when he discovered it being towed away at approximately 1:30 A.M. the next morning, he immediately reported to the police that it had been stolen. The two officers making the stop of Appellant's truck testified that Mr. Coleman's automobile was dirty, but otherwise appeared to be in good condition and had a proper inspection sticker and tag. Appellant's supervisor, Theodore Hall, who also observed Mr. Coleman's vehicle after it had been towed, testified that, in his opinion, it was not an abandoned vehicle.
On March 2, 1979, Appellant was served with a notice of suspension and intent to dismiss. His dismissal was effective ten days after that. Within thirty days of the dismissal, he filed a timely appeal to the Commission. Hearings were scheduled for two dates in July of 1979, but both times were continued at Appellant's request pending resolution of criminal charges which had been filed against him on March 1, 1979 in connection with the towing incident. A hearing was finally held on October 31, 1979, by which
[ 91 Pa. Commw. Page 50]
time the criminal charges had been quashed and Appellant had been reinstated to his former position by the Department. No testimony was taken at the Commission's hearing; the Commission merely requested submission of memoranda on the issue of back-pay. Following submission of these memoranda, Appellant's appeal was dismissed on February 7, 1980. A request for reconsideration was denied on February 20, 1980, and on April 15, 1980, Appellant appealed to the court of common pleas. The court remanded the matter to the Commission for an evidentiary hearing, which was held on March 4 and March 24, 1981. On April 4, 1981, the Commission issued a decision and order sustaining Appellant's request for back-pay for all but ninety days, concluding that a suspension for that length of time was warranted on the facts. This decision was affirmed on appeal to the trial court and it is from the trial court's order that Appellant now appeals.
The trial court correctly conducted its review within the confines of Section 754(b) of the Local Agency Law, 2 Pa. C.S. § 754(b), concluding that the Commission's adjudication was not in violation of any constitutional rights of Appellant and was reached in accordance with law, and that all necessary findings of fact were supported by substantial evidence in the record. Since the trial court took no additional evidence, our scope of review is also directed to the findings and conclusion of the Commission. Kujawa v. City of Williamsport, 67 Pa. Commonwealth Ct. 38, 445 A.2d 1348 (1982).
Appellant first argues that the Department was required as a matter of law to award him back-pay for all but thirty days of his unemployment because Philadelphia Civil Service Regulation 17.04 prohibits an "appointing authority" from suspending an employee without pay for more than thirty days. This
[ 91 Pa. Commw. Page 51]
appeal, however, was brought pursuant to Section 7-201 of the Philadelphia Home Rule Charter,*fn1 under which, in all but a few well-defined exceptions,*fn2 discretion to grant or deny back-pay upon reinstatement is vested in the Commission. We see no distinction in the fact that the Department here took it upon itself to reinstate Appellant during the pendency of his appeal. This did not convert their initial action from a dismissal into a suspension, and the issue of back-pay therefore remained before the Commission.
Appellant argues next that the imposition of any penalty was unwarranted because the Commission's finding of "just cause" for suspension or dismissal is not supported by substantial evidence.*fn3 More specifically, Appellant argues that he was dismissed for illegally and intentionally taking Mr. Coleman's automobile, and since the Commission now acknowledges that this act was not intentional but was merely the result of an error of judgment, no basis for the disciplinary action remains. This argument rests upon an inaccuracy. Appellant was discharged only for taking unlawful possession of a legally parked, validly licensed and inspected motor vehicle. Had the Department determined that Appellant's act was intentional, it surely would not have reinstated him, but it does not necessarily follow that if the act was unintentional it was also entirely nonculpable. The Commission relied on the following passages from the
[ 91 Pa. Commw. Page 52]
Pennsylvania Supreme Court decision in O'Gorman Appeal, 409 Pa. 571, 187 A.2d 581 (1963), for the proper criteria to apply in determining whether or not "just cause" exists within the meaning of the Philadelphia Charter:
What constitutes ample (just) cause for removal . . . must necessarily be largely a matter of discretion on the part of the head of the department. To be sufficient, however, the cause should be personal to the employee, and such as to render him unfit for the position he occupies, thus making his dismissal justifiable and for the good of the service.
All that the law requires is that the cause be not religious or political, but concerned solely with the inefficiency, delinquency or misconduct of the employe. A wide latitude must be left to the superior officer -- in fact a discretion conditioned only on its exercise in good faith and not as a screen for some reason not based upon the fitness of the employe to fill the position.
Id, at 576-77, 187 A.2d at 583-84.
Applying this standard, the Commission concluded that although the facts did not amount to just cause for dismissal, they nevertheless evidenced an error in judgment which unquestionably reflected on Appellant's personal ability to perform his job and thus amounted to just cause for a lengthy suspension. This conclusion was within the Commission's discretion and will not be disturbed on appeal.
Finally, Appellant claims that he was prevented from examining his supervisor at the March 24, 1979 hearing regarding possible disparate treatment of
[ 91 Pa. Commw. Page 53]
other Department employees who had made errors similar to Appellant's own.
The line of questioning pursued by Appellant's counsel was, in relevant portion, as follows:
Q. Has an employee ever been terminated for making a mistake and bring [sic] in a car that had valid tags and a valid inspection?
Mr. Malloy [Counsel for the Department]: Objection.
Mr. Ettinger [Commissioner]: We'll allow the question.
The Witness: No, to my knowledge.
Q. To your knowledge, has an employee ever been suspended for making that mistake?
Mr. Malloy: Objection, again.
Mr. Ettinger: Well, now, I think we've gone as far as we can go. . . .
Mr. Walters: . . . . [W]hat I think is important the Commission know is what is the prior history of any sort of discipline when employees have made that sort of error.
Mr. Ettinger: No, no because we hear cases on an ad hoc basis. The circumstances and facts are not always identical. I think we have granted you wide latitude and leeway when we permitted you to ask the last question and I don't think we can go any further in this line. We'll grant you an exception. We sustain the objection. It's for the Commission to decide what should be done, not this gentleman. This is our job and we will find what we have to on the basis of what we have before us.
Section 554 of the Local Agency Law, 2 Pa. C.S. § 554, specifies that agencies are not to be bound by technical rules of evidence. Any evidence which is
[ 91 Pa. Commw. Page 54]
relevant to the issues before the agency and is of reasonable probative value may be received. This rule reflects a non-restrictive standard which favors the liberal admission of evidence at administrative proceedings. Wilson v. Philadelphia Board of License & Inspection Review, 16 Pa. Commonwealth Ct. 586, 329 A.2d 908 (1974). Nevertheless, the language of Section 554 clearly keeps questions of relevancy within the discretion of the fact finder. The fact finder in this case apparently concluded that the excluded testimony was not relevant to any issue before it. We agree. Given that Appellant did not allege, in his appeal to the Commission, any discrimination or ulterior motive for his discharge, disparate treatment was not an issue before the Commission. Furthermore, if this question had been allowed and had been answered in the negative, this, without more, would not necessarily have been probative of disparate treatment, since, as the Commission indicated, a slight difference in circumstances might have transformed an inexcusable error into a reasonable one. Finally, the question was posed on cross-examination of a Department witness, and was far afield of any matter inquired into on direct. Section 554 provides that reasonable examination and cross-examination shall be permitted. We believe the Commission could correctly determine that the cross-examination of this witness was not reasonable, and upon the Department's timely objection, properly curtail it.
We will affirm the decision of the court of common pleas.
Now, August 9, 1985, the decision of the Court of Common Pleas of Philadelphia County, No. 1227 May Term, 1981, dated February 4, 1983, is hereby affirmed.
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okka ammayi thappa audio success meet on june 5th
Okka ammayi thappa movie starring Nithya menon and sandeep kishan is gearing up for movie's release on June 10th.The team of okka ammayi thappa are organising audio success meet on june 5th.
coming to the movies,the trailer created a good buzz on the film.finally,we need to wait and see how far the movie can attract the attention of audience.
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The Ultimate School App List
Thousands of student apps are being released every month and it's almost impossible for teachers to test them all in order to find out which ones are best for their students.
To help you with this, we compiled a list of the best School Jotter apps available in the market that really help students with their everyday learning as well as schools to promote themselves to parents.
#1 The Site App
What is it? Read More →


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A Good Deal: No Evil 022
Round up4.33 / 5.00 1,272 Views
Park Bench
A short film about a park bench4.08 / 5.00 920 Views
frog thing
frogggsgsgs3.90 / 5.00 1,052 Views
Hillarious, there must be more made!
Great flash, brilliant idea and great humor. You HAVE to make more of these!!!
I was disappointed in seeing that a sequel hadn't been made yet :p
that is one the most funniest movies EVER! cant till the sequel. its good to see a funny movie in the portal.
Dude, this was amazing. I havent laughed this hard at a Newgrounds movie in a long time. I'm addin this ish to my favs! I've never really seen a spoof of Silent Hill ever on here, and its great to see someone going into this territory and making it hilarious. Cant wait to see the rest of the movie when it is continued!
lol best retard moments ever. Also makes you wonder what the average heroes mind is going through in survival games.
Omg lol so funny
Graphics- 10/10 I loved em!
Style- 9/10 Super!
Sound- 10/10 I loved the Super man music and the creepy noise at
the end. The voice acting was also very well done.
Violence- 8/10 Could have been a bit more killing evil monsters but it was still good.
Interactivity- 2/10 For the Relay button and start button.
Humor- 10/10 This movie was so funny! I laughed a lot.
Overall- 10/10 This was a great flash. I loved the hole thing. I look forward to number 2.....or....3


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Do you want to change the look of your kitchen or bathroom with some latest cabinet designs? If yes, then we are here for you. Old cabinets can sometimes be a huge liability in a house. They become difficult to clean making the whole place unhygienic. When you generally want to add value to the house, then remodeling your kitchen or bathroom with modern cabinet designs is very important. You don't want your friends whining about your food just because they saw the state of your kitchen. There are a number of top cabinets that we provide since we are top provider for cabinets in Portland, and none can match our quality.
We serve everywhere in Portland
Over the years, we have worked in every corner of Portland and its neighborhoods. The increasing demand from our loyal clients calls for closer attention than before. If you are in for quality and reliable cabinet remodeling service, then going for someone who is nearer to you is important. This will ensure that whenever there is an issue, our team will sort you out conveniently.
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We pride ourselves in offering some of the best cabinet designs not only Portland, but also the whole country. We have been serving for years now and such a wide experience comes with great innovation along the way. Hiring us will ensure that you get some incredible designs at affordable prices. You can visit our showroom or browse through photos of our past works to get a feel of the classic pieces. When you contact us for your cabinet installations, we will visit your property to assist you in planning for the project. Once we take the measurements and evaluate the nature of the job, we then advise you on suitable designs for your kitchen or bathroom. We customize our remodeling service according to the nature of the task. We deal in a wide range of services including:
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We have a dedicated customer service team that will pick calls and respond to your inquiries. Whether it's on a weekday or a weekend, we customize our service depending on your schedule. If you want to have a feel of our past works, simply visit our showroom ad our customer service team will take you through some wonderful cabinet designs that could be perfect for your kitchen or bathroom. We are here to serve you and will continue to be available when you need us.
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You can be sure to get the best price deal that suits your budget. We don't want you opt for cheap low quality services that will compromise the quality of your project. Our pricing strategy is unique and personalized to suit your desires. We send a designer to your home to help make the budget of the whole remodeling service. Incredible quality designs won't come cheap, but our prices are affordable enough for anyone in this region. Simply contact as for any inquiries and hook up with the finest cabinet designs in Portland.Read More


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Japan Tours
Japan tours offer a way of traveling that takes the myriad preparations—and sometimes confusing navigational requirements— and tosses them right out the window. The pleasure of not needing to untangle the ins and outs of traveling through a foreign land is the main reason guided trip tours to China and Japan are so prevalent. Guided tours can also be geared toward specific interests and focus on major areas, districts, or prefectures that offer a look at distinct themes such as martial arts, history, and food. The choice in tours is amazing, offering a look, essentially, into every aspect of Japanese life.
Gourmet Japan tours are an excellent way to learn more about the unique food used in Japanese cooking, and the special dishes made from fairly regular ingredients too. Gourmet Japan tours often involve learning how to cook Japanese cuisine, visiting markets bearing fresh produce and other foods, and focus on other aspects of local cuisine. Touring inner-city gardens offers a deeper understanding of how food is grown in large cities as well.
Gourmet Japan tours are easily accessed in Tokyo and are often one day in duration. Tours all differ slightly, but most hit on the paramount areas that, over a whole day, well explain Japanese cuisine. A visit to a greenhouse in the heart of the city, a tea house visit, and stops at gourmet food shops offer a fun way to explore Japan's gastronomic delights.
Guided trip tours to China and Japan take the guessing out of the equation. With many intertwining historical periods, similar cultural aspects, and a regional proximity, this type of tour is extremely well received. Hit on the high points, have your accommodation looked after, enjoy pre-planned transportation, and get advanced dining reservations. The benefits of guided trip tours to China and Japan are limitless. Tours venture through many of the country's signature destinations and through a host of top attractions. While in Japan, tours can include exploring Tokyo, discovering ancient Kyoto, and visiting Okinawa.
Another advantage of purchasing guided trip tours to China and Japan is the little worry of forgetting anything important—as long as you remember your passport and wallet! Tours include things such as round-trip flights, transfers at airports, accommodation, transportation for sightseeing, and often some or all meals. The Japanese portion covers tickets for trains in Japan, some evening entertainment, and some cultural activities.
If a short and specific tour is what you seek, there are plenty to be had in Japan. Japan tours include a host of excursions you might not be aware of until you explore the options. Japan technology tours in Tokyo are increasing in popularity. They focus on the newest discoveries and high-tech inventions. Helicopter tours in Japan are another sightseeing possibility with flights available over Tokyo, Hokkaido, Okinawa, and other destinations. One airline even offers a free helicopter ride for booking business class seats. No matter how you get yourself up in the air, the promise of incredibly scenic views is absolute.
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11 Photos To Inspire A Family Break To The South Of France
by Alex Georgiades | Updated 01 September 2016 | Posted in General
It is easy to identify why the beautiful South of France has attracted so many writers, artists and poets over the years, offering so much natural beauty along with an infectious culture that runs through every town and street. Whether you're venturing across its gorgeous landscapes and hill-tops or enjoying its pristine sandy beaches, both Provence and the illustrious Côte d'Azur are bound to grab your undivided attention and charm you with their endless allures. Here are 11 photos that are sure to make you desperate to visit...
1. The glittering Villefranche-sur-Mer in the French Riviera
2. The dazzling Abbey of Senanque in Provence
3. The beautiful beach of Eze in Cote D'Azur
4. Cathar Castle in Carcassone is one of the biggest and most famous in France.
5. The wonderful Island of Corsica, just off the brilliant Cote D'Azur
6. The colourful Menton old town in the French Riviera is one of the South's most photographed.
7. The brilliant three-tiered Pont du Gard is one of the most famous landmarks to visit.
8. The incredible Oceanographic Museum in Monaco is a favourite for children and adults alike.
9. And just outiside lies some of the most fascinating views of Monaco.
10. The grand Saint Jean Castle in beautiful Marseille.
11. The picturesque gulf of stunning turquoise water at Parc National des Calanques is a must see.
Want to experience these gorgeous shores and sights first hand? The south of France could be perfect for your next break...


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Check Out the new Remax App
Ask About This Home
This beautiful 4 bedroom, 3 bath home sits just outside of downtown Craig. Enjoy the large kitchen with breakfast nook. Family room and living room is separated by 2 sided fireplace. Master bedroom has 5 piece bath. Escape to the outdoors on the covered deck to enjoy the sunset and sunrise. Plenty of space to build a garage. Secluded lot for privacy.


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Shiva and shakti
Monica Sollo
The Love
Dancing shiva and parvati
Goddess Parvati And Lord Shiva Picture
Shiva n Parvati
Lord || Shiva || from the novel "The Immortals of Meluha".
Laxmi on owl - 1st time I have seen her with an owl.
Har Har Mahadev..the love between Shivji and his beloved Parvatiji is eternal.. "Love is our true destiny. We do not find the meaning of life by ourselves alone- we find it with another.
Lord Shiva holding the river goddess Ganga in his hair
Kali Ma - Kali Ma, called the "Dark Mother," is the Hindu goddess of creation, preservation, and destruction. Also known as the Black Goddess, Maha Kali, Nitya Kali, Smashana Kali, Raksha Kali, Shyama Kali, Kalikamata, and Kalaratri.


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Cacheu, region located in northwestern Guinea-Bissau. The Cacheu River flows east-west through the region, and the Mansôa River, which also flows east-west, forms Cacheu's border with the neighbouring region of Biombo; both rivers empty into the Atlantic Ocean. The area around the mouth of the Cacheu River is mostly covered with mangrove forests. Surrounding the town of Cacheu, the regional capital, are coconut trees and subsistence crops (including millet, corn [maize], sorghum, and rice); some of the land is also used for grazing cattle, sheep, and goats. Phosphates are found near Cacheu, Barro, and Bigene towns. The Mandyako peoples are ... (100 of 128 words)
region, Guinea-Bissau


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Tibetan Village Project Dinner Fun-raiser, MC'd by yours truly, raises record $11K in half hour.
Last night…
for the second year in a row (More info & photos re this wonderful non-profit (100% of all donations go to the Tibetan Village Project's work) here)
…I was honored with the weighty responsibility of emceeing, and helping to fundraise at the annual Tibetan Village Project Dinner at Tibet's Restaurant in Louisville (a wonderful place owned and run by wonderful people, that I can highly recommend).
The Tibetan Village Project works to do the most basic, essential, and sustainable grassroots work in Tibet that really must be done, and Tamdin Wangdu, the founder, and his friends do it quickly and well.
Why is their work sustainable? Because they don't just pay for teachers for schools or give medical supplies or winter blankets for the greenhouses they build, though they've done all those things…they actually listen to the villagers' needs, and then give the villagers a means to feed and provide for themselves, forever (as with their tsampa mill and rapeseed oil press).
It's the best, most essential, most humble and immediate organization I know.
Photos (you'll notice my valiant iPhone's photos get worse as the light gets dimmer, it's a fine camera but has no flash):
hot on elephant
Elephant Journal's Holiday Gift Guide 636 shares A letter to the Anger that refuses to Leave Me. 519 shares Waylon's favorite Ethical Gifts. 9 shares Join: Elephant's Winter 2017 Academy. 27 shares Trevor Noah just won my Respect. 2,532 shares December Forecast: Letting Go of 2016 & Leaning into 2017 with Love. 6,133 shares Year of the Fire Rooster 2017: What to Expect. 586 shares How to Say Goodbye to that almost-great Love. 1,457 share For the Women who are Trying to Do & Be Everything to Everyone. 2,982 shares How to Say "F*ck it" to Fear & Anxiety (& Start Living your Life!). 827 shares


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Require Store/Warehouse Executive In Surat ( 1 - 5 yrs)
Unique World Placement & Event Management
RS1,00,000 To 1,50,000Surat
Manage Inventory and Location Management Planning of inventory as per lead time, min and max stock levels, etc Handlying and Store Department Interaction with Receipts and Inventory team for timely availability of orders Inventory Analysis and co...
Key Skills : store,warehouse assistant,dispatch assistant,store incharge,purchase executive
Stores Officer - Raw Material ( 3 yrs)
Navodaya Consultancy Services
RS2,25,000 To 5,00,000Ahmedabad, Ankleshwar, Bharuch, Gandhinagar, Jamnagar, Rajkot, Surat, Vadodara, Valsad, Vapi
Job Description Maintaining registers of raw materials & recording details of Materials received at the plant. Checking all store reports Checking Inward & Outward of goods register on daily basis. Raw Material Stores Handling. Obtain availabi...
Key Skills : export executive,dispatch executive,documention,sap,store officer,portal...
Dispatch Executive ( 0 - 4 yrs)
Sarthee Consultancy
RS1,50,000 To 3,50,000Bharuch, Surat
4 to 8 Years Experience in the Despatch of Export Materials in Any Chemical / Agro Chemical Plant. Must have Handled the Deptt. Independently. Candidates with Sez Experience Will Be Given Preference.
Key Skills : dispatch executive,billing dispatch executive,warehouse dispatch executive,dispatch executive incharge


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Is this a Steakhouse?
Does this restaurant have a TV?
Does this restaurant offer free wifi?
Is this restaurant good for dinner?
Is this restaurant good for breakfast?
Is this restaurant good for scenic view?
Does this restaurant offer valet parking?
Does this restaurant have private dining rooms?
Does this restaurant offer validated parking?
Is this primarily a bakery?
Thanks for helping!
We received a very warm welcome by all staff, we were served promptly. The Sunday lunch was excellent, with plenty of vegetables and the meat was delicious. Would highly recommend. All our party thoroughly enjoyed. Thank you
We booked for Sunday lunch and had a very warm welcome. The food was very good with a good choice of vegetables and the service and pleasantness from the staff was to be commended. It was a sunny day and the views were great. We will go again but want the chef to improve his roast potatoes. It was very...
First time visit today , spur of the moment visit on a Saturday afternoon . Only had fish and chips but the chips were impressive .......chunky real chips , not the frozen ones you normally get nowadays .
Impressive views from the conservatory , and a warm welcome by staff .
Will definately be visiting again 😀
Set high on the hillside with glorious views of the valleys below and indeed down to the sea (and on the day we went, across to North Devon!), the Llangeinor Arms has a fabulous location with a real suntrap of a terrace.
It also does a very decent Sunday lunch. The choices are limited (only 2/3 roasts or a veggie...
I would have given it a 5 but Mam had the sweet chicken curry and it was too spicy for her, we feel it should have stated on the menu how spicy it was... my rump steak was cooked beautifully. .. waitress was very pleasant and found a way for us to take home the uneaten curry.. pudding was to...
Visited here last Saturday and the food was excellent, tasty, piping hot, good portions and value for money. Would highly recommend and look forward to spending a summers evening dining outside and looking at the stunning scenery. Would highly recommend and will be returning.
T.he Verdict:
Situated centrally between Llangeinor and Blackmill, the restaurant/pub is nestled amongst some snaking lanes in the countryside.
The car park is plentiful for its location. Holds around 20 - 30 cars max. It overlooks masses of countryside with views of green and even more green.
The main part of the restaurant is quite outdated, but in a good...
We have just a lovely Sunday lunch today's choice of roast was beef or turkey. .all of which were cooked to perfection fresh vegetables and lovely gravy.
It was very reasonably priced with friendly service , clean and tidy pub .
We will return and recommend.
A lovely place to eat in a fabulous location with breath taking views of the surrounding countryside. Ideal for families or couples
Fantastic home cooking, a generous menu is on offer, in very pleasant surroundings with glorious views.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.
I am from the US and had lunch with you when I was there a year ago and it was wonderful. I am working on plans to return to Wales for an extended stay in early 2017 and wanted to rent one of the cottages that is right there near you. Do you know the name and contact information of the landlord that I could contact them regarding renting. Thank you so much as I know I will be enjoying many meals with you when I am there.
See all questions


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The Jellico High School football program was granted its appeal at the TSSAA Board of Control meeting last Thursday, sending Jellico into Class 1A Region 1 for football.
A serious accident involving a pickup truck and SUV shut down both northbound lanes of U.S. 25W last Thursday evening in front of The Pointe shopping center in Jacksboro.
LaFollette councilman Hansford Hatmaker was sentenced to serve 11 months and 29 days of unsupervised probation during a hearing on Tuesday.
Catastrophic wildfires in Sevier County have caused widespread destruction and claimed the lives of three people, as of Tuesday. Local firefighters are among those helping with the fallout.
Rain, rain, go away? These days, it's more like rain, rain, come again — and please.
"God has created a masterpiece and it's right at our doorstep," said Marcia Horner of the Great Smoky Mountains National Park.
With 7 seconds remaining and her team up by one possession at 44-41, Jacksboro Middle's Alyssa Brown stood at the free-throw line knowing that her team needed points to ice the game.
Copyright © 2016
The LaFollette Press is your source for local news, sports, events, and information in Campbell County and LaFollette, TN, and the surrounding area.


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Conserving John SloanNovember 28, 2016
Eleven months and counting! On October 21, 2017, the Delaware Art Museum will open An American Journey: The Art of John Sloan, the first career retrospective of Sloan's work since 1988. This exhibition is pulled entirely from the Museum's unparalleled collection of work by John Sloan, much of which was donated by the artist's widow, Helen Farr Sloan (1911–2005). The show will include over 100 items—paintings, prints, illustrations, sketches, archival photographs, illustrated letters—from every stage of the artist's career. There will be newspaper illustrations from the Philadelphia Inquirer, paintings and etchings of New York City, protest cartoons from The Masses,…Read More


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- Comfortable and breathable
- Paying tribute to all US Veterans
With its commemorative printed detail, this tee is keen to celebrate the veterans' courage and perseverance. The Veterans t-shirt makes it even very comfortable and extreme breathability, to follow your movements in every situation. Veterans, there's someone who fought for the community, someone fought hard to defend freedom, gathering all the possible courage. Beretta wants to celebrate the US Veterans with this fierce and essential line.
Technical Information
Material: Cotton
Fit: Regular
Number of Pockets: None