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SOUTHERN PACIFIC COMPANY v. PORTER

No. A-7191.

331 S.W.2d 42 (1960)

SOUTHERN PACIFIC COMPANY, Petitioner, v. George A. PORTER, Respondent.

Supreme Court of Texas.

Rehearing Denied February 3, 1960.

Attorney(s) appearing for the Case

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

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

NORVELL, Justice.

The Court of Civil Appeals held as a matter of "federal law" that a shipper's claim for damages for the negligent handling of cattle in transit could be offset as a recoupment against the carrier's claim for freight charges. 319 S.W.2d 810. The case of Pennsylvania R. Co. v. Miller, 5 Cir., 124 F.2d 160, 162, 140 A.L.R. 811, writ of certiorari...

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