MURRAH, Circuit Judge.
This is an appeal from a summary judgment denying recovery of damages for the loss of a carload of wheat in the yards of the appellee-carrier by an unprecedented flood. The trial court held under stipulated facts that there was a negligent delay in switching the car from the appellee's yards to a subsequent carrier, but that the proximate cause of the loss was an act of God — the flood.
On July 6, 1951, the appellant delivered...
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