Southern Pacific Company v. Loden

HOWARD, Judge.

Plaintiff-appellee brought a breach of contract action to recover damages in the sum of $10,047.68 resulting from the defendant carrier’s failure to deliver certain perishable produce shipped from Nogales, Arizona to Los Angeles, California within the ordinary and usual time..Southern Pacific Company admitted that appellee’s shipment was delayed and not delivered to its destination within the usual time, but alleged that the delay was caused by an act of God and was unavoidable due to unusually heavy rains and flood conditions causing damage to its track and rail facilities.…