Davis v. Fruita Mercantile Co.

delivered the. opinion of the court.

THE action is for damages against the representative of a carrier company for misdelivery, or failure to make proper delivery, of a shipment of a carload of hay. The hay was delivered by the plaintiff to the Denver & Rio Grande Railroad Company at Fruita, Colorado, March 4, 1918, as the initial carrier, to be transported to Fort Worth, Texas, the connecting carriers being the Missouri Pacific and the M. K. & T. Railroads. The shipment was on consignor’s order bill of lading, with directions endorsed thereon to notify Harris Brothers Grain Company, the…