W. E. Roche Fruit Co. v. Northern Pacific Railway Co.

Appellant is a fruit buying and shipping corporation in the Yakima valley and ships great quantities of fruit over respondent’s railroad. In 1933, among the cars so shipped to eastern markets were five cars of Bing and Lambert cherries and one car of Bartlett pears.

The cherries were packed and prepared for market in appellant’s warehouse in Yakima under the supervision of a state and Federal horticultural inspector, and a Federal certificate of inspection was issued on each of the cars showing the fruit to be what is known as U. S. No. 1, which is the best possible grade of fruit obtainable…