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MISSOURI P. R. CO. v. ELMORE & STAHL

No. 292.

377 U.S. 134 (1964)

MISSOURI PACIFIC RAILROAD CO. v. ELMORE & STAHL.

Supreme Court of United States.

Decided May 4, 1964.

Attorney(s) appearing for the Case

Thurman Arnold argued the cause for petitioner. With him on the briefs were Abe Fortas, Abe Krash and Dennis G. Lyons.

John C. North, Jr. argued the cause and filed a brief for respondent.

Gregory S. Prince, William M. Moloney and J. Edgar McDonald filed a brief for the Association of American Railroads, as amicus curiae, urging reversal.

Michael C. Bernstein and William Augello, Jr. filed a brief for the United Fresh Fruit & Vegetable Association et al., as amici curiae, urging affirmance.

MR. JUSTICE STEWART delivered the opinion of the Court.

The question presented in this case is whether a common carrier which has exercised reasonable care and has complied with the instructions of the shipper, is nonetheless liable to the shipper for spoilage in transit of an interstate shipment of perishable commodities, when the carrier fails to prove that the cause of the spoilage was the natural tendency of the commodities to deteriorate. The petitioner is a...

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