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MODERN WHOLESALE FLORIST v. BRANIFF INTERNAT'L AIR., INC.

No. A-8252.

350 S.W.2d 539 (1961)

MODERN WHOLESALE FLORIST, Petitioner, v. BRANIFF INTERNATIONAL AIRWAYS, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied November 1, 1961.

Attorney(s) appearing for the Case

Mayfield & Atkins, Fort Worth, for petitioner.

Touchstone, Bernays & Johnston, Webber W. Beall, Jr., of above firm, Dallas, for respondent.

NORVELL, Justice.

As stated by respondent "the actual question to be determined by this Court is whether airlines are subject to the common law presumption that damage to goods while in transit is presumed to have been caused by the terminal carrier."

The existence of such common law presumption generally applicable to common carriers is not disputed. In Texas & Pacific Railway Co. v. Adams, 78 Tex. 372, 14 S.W. 666, 667, this Court said:

"When...

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