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MISSOURI PACIFIC RAILROAD CO. v. TRAUTMANN BROTHERS

No. 13105.

301 S.W.2d 240 (1957)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. TRAUTMANN BROTHERS, Appellee.

Court of Civil Appeals of Texas, San Antonio.

On Motion for Rehearing March 20, 1957.

Rehearing Denied April 17, 1957.

Attorney(s) appearing for the Case

Sharpe, Cunningham & Garza, Brownsville, for appellant.

Ward & Brown, Corpus Christi, for appellee.

POPE, Justice.

Trautmann Brothers, shipper, sued the carrier for damages to a car of tomatoes. The jury found that the tomatoes were not in good condition when delivered to the carrier and also that the soft condition of the tomatoes resulted solely from the nature of the tomatoes. Notwithstanding those answers favorable to the carrier, the court granted judgment for the shipper, and carrier appealed. The question presented is whether there is enough evidence to support...

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