Mojonnier & Sons, Inc. v. Railway Express Agency, Inc.

On June 26,1948, the plaintiff Mojonnier and Sons, a corporation, delivered a carload of fresh cherries to the defendant Northern Pacific Railway at Sunnyside, Washington, for transportation to Minneapolis, Minnesota. The defendant railway transported the car to Minneapolis, where it was turned over to the defendant Railway Express Agency. At the request of the plaintiff, the car was diverted to Chicago, Illinois, where it arrived on time at 7:05 a. m. on June 30,1948. In accordance with the usual practice, the car was placed on a “team track” pending decision of the shipper as to whether the…