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Question: T.T. Dunphy, Inc. was a carrier who was to deliver steel industrial filters approximately 11 feet by 11 feet and weighing 2,000 pounds from Castine Energy Construction, Inc.'s factory in Maine to Virginia. To help load the filters onto trailers, Castine welded iron cross bars on them. Castine then loaded them onto a flatbed trailer.
Castine did not intend the cross bars to be used to secure the filters to the trailers. However, Dunphy's driver arrived and secured the filters to the trailer by attaching chains to the iron cross bars. While driving to Virginia, the driver drove over a bump in the highway. The filters came loose, fell onto the highway and were irreparably damaged. Castine sued Dunphy. Who suffers the loss?
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