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MISSOURI PACIFIC RAILROAD COMPANY v. H. ROUW COMPANY

No. 17059.

258 F.2d 445 (1958)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. The H. ROUW COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

As Modified on Rehearing September 24, 1958.

Second Petition for Rehearing Denied October 27, 1958.

Attorney(s) appearing for the Case

Harry L. Hall, Strickland, Wilkins, Hall & Mills, Mission, Tex., for appellant.

James E. Little, Edinburg, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

This appeal presents the question of the correct measure of damages which should be allowed the owner (or the party entitled to recover) of an interstate shipment of perishables damaged by the negligence of a common carrier by rail. Based upon two Texas cases1 the court below held that "the measure of damages * * * [was] the difference between the wholesale market price of the commodities had they arrived in the...

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