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C. M. McMAHEN & SONS v. LOUISVILLE & N. R. CO.

No. 4916.

16 F.2d 698 (1927)

C. M. McMAHEN & SONS v. LOUISVILLE & N. R. CO.

Circuit Court of Appeals, Fifth Circuit.

January 6, 1927.

Attorney(s) appearing for the Case

M. B. Grace, of Birmingham, Ala., for plaintiffs in error.

John S. Stone, of Birmingham, Ala. (McClellan, Rice & Stone and J. Kirkman Jackson, all of Birmingham, Ala., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit by McMahen & Sons against the initial carrier, the Louisville & Nashville Railroad Company, for damage to four carloads of cucumbers, caused by delay in delivery at point of destination after the cucumbers had been taken out of refrigeration. It was undisputed that the cucumbers deteriorated in value. The only question in the case is whether the damage was attributable to the fault of the delivering carrier, Pennsylvania...

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