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Glen Smith contracted with Dave Watson, a common carrier, to transport 720 hives of live bees along with associated equipment from Idabel, Oklahoma, to Mandan,

Glen Smith contracted with Dave Watson, a common

carrier, to transport 720 hives of live bees along

with associated equipment from Idabel, Oklahoma,

to Mandan, North Dakota. At 9:00 A.M. on May 24,

1984, while en route, Watson's truck skidded off the

road and tipped over, severely damaging the cargo.

Watson notified Smith about what had happened,

and Smith immediately set out for the scene of the

accident. He arrived at 6:00 P.M. with two bee

experts and a Bobcat loader. They were hindered by

the turned-over truck on top of the cargo, and they

determined that they could not safely salvage the

cargo that evening. The next day, an insurance

adjuster determined that the cargo was a total loss.

The adjuster directed a bee expert, Dr. Moffat, to

conduct the cleanup; Moffat was allowed to keep the

salvageable cargo, valued at $12,326, as compensation.

Smith sued Watson for damages. Watson

denied liability and further contended that Smith

failed to mitigate damages. Decide.

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