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TEXAS & P. RY. CO. v. EMPACADORA DE CIUDAD JUAREZ, S.A.

No. 5424.

342 S.W.2d 195 (1960)

TEXAS AND PACIFIC RAILWAY COMPANY, Appellant, v. EMPACADORA DE CIUDAD JUAREZ, S.A., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 18, 1961.

Attorney(s) appearing for the Case

Scott, Hulse, Marshall & Feuille, W. A. Thurmond, J. F. Hulse, El Paso, for appellant.

Andress, Lipscomb, Peticolas & Fisk, El Paso, for appellee.

ABBOTT, Justice.

This was a case brought by Empacadora de Ciudad Juarez, a Mexican corporation, plaintiff below, appellee here, against Texas and Pacific Railway Company, defendant below, appellant here, for damages arising out of a shipment of beef by appellee, via appellant's railroad and connecting carriers, from Juarez, Mexico, to Jamaica, New York. The case was pleaded and tried by appellee on two theories: (1) that the meat in question was in good and sound...

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