Crittenden v. American Railway Express Co.

Sears, J.:

The plaintiff’s assignor was the consignee of a carload of spinach which the defendant undertook to transport from Simonton, Tex., *229to Rochester, N. Y. The car in question arrived in Rochester at four-fifty on the afternoon of January 24, 1921. The consignee was notified that afternoon of the arrival of the car and the car was placed on an unloading track at six-thirty on the following morning. At about six-forty-five that morning an employee of the defendant named Salyerds went to the store of the consignee and from there drove to the car in a wagon belonging to the consignee, with…