Misita v. Railway Exp. Agency, Inc.

LOTTINGER, Judge.

This is a suit by Tony Misita, doing business as Tony Misita Produce Company, against Railway Express Agency, Inc., in the sum of $1,734.15 for alleged damages to sweet peppers, which decayed while in transit with the defendant company.

The record shows that on the morning of June 27, 1949, the petitioner ordered a car from the defendant company to be placed on the loading tracks at Amite, Louisiana. The car was so placed by defendant, and, during the same afternoon petitioner loaded the car with 918 hampers of sweet peppers and ordered' “Standard Refrigeration with 3% salt”…