Vaccaro Bros. & Co. v. L. & N. R. R.

On July 22, 1920, plaintiff delivered to defendant at New Orleans three cars of bananas to be transported to Atlanta, Ga. The shipments were consigned to plaintiff itself. They left New Orleans at 9 a. m., on July 23, 1920. During that day, and admittedly long before the shipments reached Montgomery, Ala., instructions were issued by plaintiff to defendant to divert the shipments at Montgomery to Nashville, Tenn., and there to deliver them to J. N. Golding.

Through negligence of the employes of defendant, the diversion instructions were overlooked, and the shipments, instead of being diverted…