Railway Express Agency, Inc. v. Lyon

NEALON, Chief Justice.

Charles Lyon and Steve Wardy, appel-lees (plaintiffs below), brought this suit against appellant, Railway Express Agency, Inc., a common carrier. They alleged that they purchased from a concern in California a shipment of strawberries; that the berries were delivered to the defendant, as a common carrier, with instructions to precool the freight car in which they were to be shipped and to keep it fully iced to destination, with 3 per cent, salt, the car vents to, be closed; that the berries, at the time they were delivered to defendant, were in good and marketable…