Mueller Grain Co. v. Chicago, Peoria & St. Louis Railroad

March 7, 1913, Mueller Grain Company, appellee, shipped a carload of oats on the appellant’s railroad billed “rush time freight shipment,” to Altoona, Pennsylvania, a distance of about seven hundred miles. The ordinary time required for the arrival of such freight at that destination was about seven days. The car arrived at Dayton, Ohio, March 24,1913, seventeen days after the shipment, on its way to its final destination. Flood conditions at Dayton were at that time bad and became worse for several days, and it was impossible to remove the car until the water went down, at which time it was…