Minneapolis & St. Louis Ry. Co. v. Pacific Gamble Robinson Co.

JOHNSEN, Circuit Judge.

A shipper sought damages against a railroad for failing, upon request, to switch in cars to its plant, to enable it to load and move out its perishable fruits and vegetables and other stock from its warehouse, while the plant was under strike and picketing by its truck drivers, helpers and loaders. The court, on a j'ury-waived trial, granted the shipper a recovery, 105 F.Supp. 794, for the loss which it had sustained in spoilage, deterioration and price-decline, from its inability thus to get its goods moved out of its plant for disposition. 1 *The railroad has appealed.