ATCHISON, T. & S. F. RY. CO. v. JARBOE LIVESTOCK COM'N CO.

No. 3340.

159 F.2d 527 (1947)

ATCHISON, T. & S. F. RY. CO. v. JARBOE LIVESTOCK COMMISSION CO.

Circuit Court of Appeals, Tenth Circuit.

January 27, 1947.


Attorney(s) appearing for the Case

M. M. Gibbens, of Oklahoma City, Okl. (Rainey, Flynn, Green & Anderson, of Oklahoma City, Okl., and Biddison & Rheam, of Tulsa, Okl., on the brief), for appellant.

William K. Powers, of Tulsa, Okl., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

This in an appeal from a judgment of the District Court awarding damages to a shipper of livestock for loss of weight allegedly caused by the negligent failure of the carrier to notify the shipper of a delay in the arrival time of the train on which the livestock was to be shipped. The primary question is whether the facts support the trial court's findings of negligence, and if so, whether it applied the correct measure of damages. The case...

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