Foley

At 7 A. M. on the twenty-eighth day of July, 1920, the plaintiff, then the owner thereof, delivered to the defendant at Clovis, a station on a connecting line of the Southern Pacific a few miles from Fresno, car number 1156, loaded with 1,300 crates of fresh Thompson seedless grapes, at which time there was issued by the defendant and delivered to the plaintiff a certain document in the following words and figures, to wit:

The car of grapes was consigned to J. Schoenburg Co., Chicago, Illinois, and during the period of transportation and while the car in question was at Ogden, a terminal of the Southern Pacific and Union Pacific Railways, diverted by the consignee from Chicago to New York by a certain diversion order worded as follows:

1 This diversion order directed that the car in question be transported to Erie pier number 20, New York City, and the car reached its destination some time before noon on August 6, 1920, some nine and one-half days being consumed in the transportation of the car.

The action by the plaintiff is based upon the contention that seven days constituted the then ordinary and usual time for the transportation of a carload of grapes by express, to wit,…