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MOJONNIER & SONS, INC. v. RAILWAY EXP. AGCY., INC.

No. 34313.

52 Wn.2d 569 (1958)

328 P.2d 167

MOJONNIER AND SONS, INC., Respondent, v. RAILWAY EXPRESS AGENCY, INC. et al., Appellants.

The Supreme Court of Washington, Department One.

July 10, 1958.

Attorney(s) appearing for the Case

Kenneth C. Hawkins, for appellants.

Lyon & Kohls and Ernest Falk, for respondent.

HUNTER, J.

On June 26, 1948, the plaintiff Mojonnier and Sons, a corporation, delivered a carload of fresh cherries to the defendant Northern Pacific Railway at Sunnyside, Washington, for transportation to Minneapolis, Minnesota. The defendant railway transported the car to Minneapolis, where it was turned over to the defendant Railway Express Agency. At the request of the plaintiff, the car was diverted to Chicago, Illinois, where it arrived on time at 7:05 a.m....

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