PENNSYLVANIA R. CO. v. MILLER

No. 9807.

124 F.2d 160 (1941)

PENNSYLVANIA R. CO. v. MILLER.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 2, 1942.


Attorney(s) appearing for the Case

Jesse F. Holt, of Sherman, Tex., for appellant.

A. F. Nossaman and Otis H. Woodrow, both of Sherman, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This is a suit to collect unpaid freight charges arising from shipments of onions consigned over appellant's railways. The question for decision is the right of the consignor, more than two years and one day after his loss claims had been denied by the carrier, to assert by way of recoupment damage to the shipments caused by the negligence of the carrier. The case was tried to a jury, which returned a verdict in favor of the carrier in the amount...

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