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ROGERS WALLA WALLA v. FROZEN EXPRESS

No. 2903-3.

23 Wn. App. 540 (1979)

596 P.2d 669

ROGERS WALLA WALLA, INC., Respondent, v. WILLIS SHAW FROZEN EXPRESS, INC., Appellant.

The Court of Appeals of Washington, Division Three.

June 14, 1979.

Attorney(s) appearing for the Case

Golden & Knowlton, John O. Knowlton, Hawley, Troxell, Ennis & Hawley, and Jess B. Hawley III, for appellant.

Williams & Golden and Robert J. Williams, for respondent.

GREEN, C.J.

Rogers Walla Walla, Inc., brought this action against Willis Shaw Frozen Express, Inc., for damages resulting from the alleged negligence of the carrier in transporting an order of frozen potatoes. The trial court found for Rogers and awarded it $9,592.51.

Willis Shaw's appeal presents the following questions: (1) When the risk of loss for goods is upon the buyer, does a shipper have a cause of action against the carrier for negligence? (2) Does...

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