Denver-Albuquerque Motor Transport, Inc. v. Galligan

Opinion by

Mr. Justice Moore.

We will refer to plaintiff in error as defendant and to defendant in error as plaintiff.

The complaint of plaintiff set forth two claims against defendant. We are concerned here only with the second claim, wherein it is alleged that as a common carrier of a shipment of beef chucks from plaintiff to consignee in Miami, Florida:

“ * * * the defendant was negligent in not delivering the perishable property (meats) within a reasonable time, and failure to deliver caused a delay of 36 hours beyond the agreed time for delivery.

“3. That due to said delay, occasioned by…