Question
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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