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MISITA v. RAILWAY EXP. AGENCY

No. 3570.

60 So.2d 101 (1952)

MISITA v. RAILWAY EXP. AGENCY, Inc.

Court of Appeal of Louisiana, First Circuit.

June 30, 1952.

Attorney(s) appearing for the Case

Lemle & Kelleher, Hy. L. Newell, H. Martin Hunley, Jr., New Orleans, Carroll Buck, Amite, for appellant.

Duncan S. Kemp, Amite, for appellee.

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...

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