TRAUTMANN BROS. CO. v. MISSOURI PACIFIC RAILROAD CO.

No. 19813.

312 F.2d 102 (1962)

TRAUTMANN BROS. CO., Inc., Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 27, 1962.


Attorney(s) appearing for the Case

Margaret B. Brown, Howell Ward, Ward & Brown, Corpus Christi, Tex., for appellant.

Leslie S. Lockett, Kleberg, Mobley, Lockett & Weil, Corpus Christi, Tex., for appellee.

Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.


JOSEPH C. HUTCHESON, Jr., Circuit Judge.

The appellant filed this suit to recover for damages to six cars of honeydew melons, transported by defendant from Laredo, Texas, to Philadelphia, Pennsylvania. After trial without a jury, the judge held that the defendant was not liable, except for a small part of the damages.1

At Laredo, the melons were loaded into the cars and iced, under plaintiff's directions, and one Fillpot, an employee...

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