SOUTHERN-PLAZA EXPRESS v. HARVILLE

No. 15864.

233 F.2d 264 (1956)

SOUTHERN-PLAZA EXPRESS, Inc., Appellant, v. Neal HARVILLE, Jr., and Joni Ruth Harville, d/b/a Harville Rose Service, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 11, 1956.


Attorney(s) appearing for the Case

O. D. Montgomery, Dallas, Tex., of Callaway, Reed, Kidwell & Brooks, Dallas, Tex., for appellant.

F. Lee Lawrence, Tyler, Tex., W. Dewey Lawrence, Lawrence & Lawrence, Tyler, Tex., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an action to recover for damage to 835 cartons of rose bushes shipped by the plaintiffs from Tyler, Texas, to Baltimore, Maryland, via the defendant and an interlining motor carrier. The jury rendered a verdict of $2,004 for the plaintiffs from which the defendant appeals on the grounds that it is against the weight of the evidence and founded on erroneous instructions by the trial court.

The plaintiffs' evidence tended to show...

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