DENVER-ALBUQUERQUE MOTOR TRANSP., INC. v. GALLIGAN

No. 19234.

358 P.2d 28 (1960)

DENVER-ALBUQUERQUE MOTOR TRANSPORT, INC., Plaintiff in Error, v. Thomas H. GALLIGAN, d/b/a Galligan Wholesale Meat Company, Defendant in Error.

Supreme Court of Colorado, In Department.

December 19, 1960.


Attorney(s) appearing for the Case

McCarthy & White, Denver, for plaintiff in error.

Galligan & Foley, Denver, for defendant in error.


MOORE, Justice.

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 is not delivering the perishable property (meats) within a reasonable time...

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