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YECKES-EICHENBAUM, INC. v. TEXAS MEXICAN RY. CO.

No. 17455.

263 F.2d 791 (1959)

YECKES-EICHENBAUM, INC., et al., Appellants, v. TEXAS MEXICAN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 16, 1959.

Attorney(s) appearing for the Case

John C. North, Jr., Ward & Brown, North, Blackmon & White, Corpus Christi, Tex., for appellants.

Elmore H. Borchers, Laredo, Tex., Leslie S. Lockett, Kleberg, Mobley, Lockett & Weil, Corpus Christi, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

Filed February 9, 1956, the suit was for damages to 146 carloads of cantaloupes, packed in wooden crates, shipped by rail from Laredo, Texas, to eastern markets, and sold by plaintiffs on a commission basis. Each of the bills of lading carried a notation that the described property was received in "apparent good order except as noted (contents and condition of contents of packages unknown) * * * S.L.C." (meaning shippers load and count).

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