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MISSOURI PACIFIC RAILROAD COMPANY v. DUNCAN

No. 10921.

353 S.W.2d 315 (1962)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. C. E. DUNCAN, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 7, 1962.

Attorney(s) appearing for the Case

Strickland, Wilkins, Hall & Mills, Mission, for appellant.

James E. Little, Edinburg, Wm. J. Condon, Mercedes, for appellee.

RICHARDS, Justice.

Suit was brought by C. E. Duncan, appellee, against the Missouri Pacific Railroad Company, appellant, to recover damages caused by delay in the transportation of a car of cauliflower delivered to appellant at Donna, Texas for transportation in interstate commerce to Cincinnati, Ohio. The shipment should have arrived in Cincinnati for the market of February 3, 1958 but was admittedly delayed one day in transportation and arrived and was available...

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