Mirski v. Chesapeake & Ohio Railway Co.

Plaintiff sues for damages allegedly sustained by reason of the deterioration of a carload of cherries enroute from Yakima, Washington, to Cincinnnati, Ohio, after a nonjury trial, the court entered judgment against defendant for $3250. Defendant appeals, and plaintiff cross-appeals on the sufficiency of damages awarded.

In July, 1957, plaintiff and George Joseph, who later assigned his interest to plaintiff, purchased a carload of cherries from Stubbs-Lamb Fruit Co. of Yakima, Washington. The initial carrier, Union Pacific Railroad, delivered refrigerator car No. PFE-10128, built in 1957, to…