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HENWOOD v. POLIS & HAGAN

No. 12077.

231 S.W.2d 720 (1950)

HENWOOD et al. v. POLIS & HAGAN.

Court of Civil Appeals of Texas, San Antonio.

June 14, 1950.

Attorney(s) appearing for the Case

Ward & Brown, Corpus Christi, for appellant.

Taylor, Cox, Wagner & Adams, Brownsville, for appellee.

W. O. MURRAY, Chief Justice.

This suit was instituted by Albert K. Polis and Carl O. Hagan, doing business as Polis and Hagan, against Berryman Henwood, trustee, and St. Louis Southwestern Railway Company of Texas, seeking to recover for damages in transit to a carload of tomatoes containing 780 lugs. The trial was to the court without a jury and resulted in judgment in favor of plaintiffs and against both defendants in the

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