SUNSET MOTOR LINES v. LU-TEX PACKING COMPANY

No. 17131.

256 F.2d 495 (1958)

SUNSET MOTOR LINES, Inc., Appellant, v. LU-TEX PACKING COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 13, 1958.


Attorney(s) appearing for the Case

William I. Marschall, Jr., San Angelo, Tex., Ralph W. Currie, Dallas, Tex., Hardeman, Smith & Foy, Runge, Marschall & Runge, San Angelo, Tex., Currie, Kohen & Freeman, Dallas, Tex., of counsel, for appellant.

James P. Hart, Jack, Sparks, Austin, Tex., Tom G. Oliver, Jr., San Marcos, Tex., Hart, Brown, Sparks & Erwin, Austin, Tex., of counsel, for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

In this appeal by the initial truck carrier held liable after a non-jury trial for the total loss of a shipment of fresh beef, three questions are presented: (1) was there adequate evidence of the market value of the goods as shipped in good condition and as delivered in bad condition; (2) was it error or prejudicially harmful for the Court to have excluded an original Department of Agriculture form specifying the amount of meat condemned...

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