American Fruit Growers, Inc. v. Pacific Electric Railway Co.

HAHN, J., pro tem.

This action is based upon a claim for damages alleged to have been suffered to a carload of lettuce delivered by the plaintiff at San Fernando, California, for shipment to Des Moines, Iowa, by the defendant and its connecting lines. Judgment was rendered in favor of the plaintiff for the sum of $425.04, and from which judgment the defendant appeals.

Two propositions are urged by appellant in support of its appeal: First, that the damage suffered was not due in any manner to the fault or negligence of the defendant, but due wholly and solely to the action of the plaintiff in…