Denver-Chicago Trucking Co. v. Oyama

This is a claim, for damage to a shipment of ginger root caused by freezing in transit from Tampa, Florida to Denver, Colorado, via Kansas City, Missouri, in January, 1945. The parties are here in reverse order of their appearance in the trial court and we hereinafter refer to them as plaintiffs and defendant. The trial court sustained plaintiffs’ motion for summary judgment. This is assigned as error.

Plaintiffs in their complaint alleged that January 22, 1945, at Tampa, Florida, Humphrey & MacGregor delivered, in good condition, 171 crates of ginger root, of which plaintiffs were the owners,…