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RAILWAY EXPRESS AGENCY v. SCHOEN

No. 5121.

70 Ariz. 87 (1950)

216 P.2d 420

RAILWAY EXPRESS AGENCY v. SCHOEN.

Supreme Court of Arizona.

March 20, 1950.

Attorney(s) appearing for the Case

Evans, Hull, Kitchell & Jenckes, Joseph S. Jenckes, Jr., of Phoenix, for appellant.

W. Dean Nutting, of Holbrook, and Jacob S. Alpert, of Phoenix, for appellee.

UDALL, Justice.

J. Schoen, as plaintiff (appellee), brought suit against the A.T. & S.F. Railway Company and the Railway Express Agency to recover damages in the sum of $2,009 alleged to have been suffered by him in connection with a shipment of some twenty cartons of merchandise (principally costume jewelry) weighing approximately 1200 pounds. The amended complaint alleged that the shipment arrived at Holbrook, Arizona, "in such a damaged condition as to be wholly...

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