In the case of United States v. A & P Trucking Co., et al., 1958, the U.S. Supreme Court addressed whether a trucking company could be held liable for damages to goods during interstate transport under the Carmack Amendment to the Interstate Commerce Act (ICA). The government had contracted with A&P Trucking Company to move military equipment from one state to another and some items were damaged in transit due to improper loading by an independent contractor hired by A&P. The court ruled that under Section 20(11) of ICA, also known as Carmack Amendment, a carrier is liable for damage caused during transportation even if it was not negligent or at fault because this provision imposes absolute liability on initial carriers and delivering carriers alike unless they can show that they were free from negligence and that damage was due solely to an act of God, public enemy, shipper's default or public authority order. This decision clarified how strict liability applies in cases involving interstate shipment contracts.

The dissenting opinion in the case of United States v. A & P Trucking Co. et al., argued that the majority's decision was a misinterpretation of Congress' intent when it enacted the Interstate Commerce Act, particularly Section 204(a). The dissent believed that this section did not grant authority to the Interstate Commerce Commission (ICC) to regulate truck leasing arrangements between carriers and owner-operators as they were private contractual agreements outside ICC’s jurisdiction. They contended that such regulation would be an overreach into private business affairs without clear legislative mandate from Congress, which could set a dangerous precedent for future cases involving regulatory power and individual rights under contract law.