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SOUTHERN PACIFIC COMPANY v. PORTER

No. 6822.

319 S.W.2d 810 (1958)

SOUTHERN PACIFIC COMPANY, Appellant, v. George A. PORTER, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied January 12, 1959.

Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, for appellant.

Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, for appellee.

PITTS, Chief Justice.

Appellatns, Southern Pacific Company, a corporation common carrier by rail, sued appellee, George A. Porter, for unpaid freight charges and expense items in the sum of $4,319.50. Appellee urged a defense of recoupment founded upon allegations to the effect that the originating carrier had wrongfully and negligently failed to heed a diversion request on a shipment made by appellee, as a result of which the suffered damages in excess of the amount...

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