MISSOURI PACIFIC RAILROAD CO. v. ELMORE & STAHL

No. A-9323.

368 S.W.2d 99 (1963)

MISSOURI PACIFIC RAILROAD COMPANY, Petitioner, v. ELMORE & STAHL, Respondent.

Supreme Court of Texas.

Rehearing Denied June 12, 1963.


Attorney(s) appearing for the Case

Sharpe & Hardy, Brownsville, for petitioner.

North, Blackmon & White, Corpus Christi, for respondent.


WALKER, Justice.

On the only question presented by this appeal, we hold that after a shipper of inanimate perishables by common carrier railroad in interstate commerce has made a prima facie case of carrier liability, the carrier may not exonerate itself by showing that all transportation services were performed without negligence but must go further and establish that the loss or damage was caused by one of the four excepted perils recognized at common law.

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