Payette Fruit Packing Co. v. Oregon Short Line Railroad

Mr. Presiding Justice Clark

delivered the opinion of the court.

This was an action brought by the appellee, as plaintiff, against the appellant, as defendant, to recover for loss and damage alleged to have been incurred to a shipment of four cars of cantaloupes from Payette, Idaho, to Seattle, Washington.

It appears from the bills of lading offered in evidence by the plaintiff that three of the cars were consigned to Cordon & Company, at Seattle, and one to Bast Portland, Oregon, which last car it is claimed was diverted, before reaching Bast Portland, to Seattle, by contract between the parties.