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S. & D. WOLF CO. v. ATCHISON, TOPEKA & SANTA FE RY. CO.

No. 13118.

301 S.W.2d 272 (1957)

S. & D. WOLF COMPANY, Appellant and Appellee, v. The ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY, Appellee and Appellant.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied May 1, 1957.

Attorney(s) appearing for the Case

Ward & Brown, Corpus Christi, Wm. E. Remy, San Antonio, for S. & D. Wolf Co.

Bond Davis, Elwood Cluck, San Antonio, for Atchison, Topeka & Santa Fe Ry. Co.

POPE, Justice.

S. & D. Wolf Company, a private corporation, consignee, sued The Atchison, Topeka and Santa Fe Railway Company, hereafter called carrier, for damages to three cars of produce. Each car is a separate count and a separate lawsuit. Consignee appealed from an adverse judgment upon a jury verdict on Count I, and from an instructed verdict on Count II. Carrier appealed from a judgment in favor of consignee on Count III. Consignee complains that the verdict...

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