MISSOURI PACIFIC RAILROAD CO. v. JOHN JANCIK PRODUCE

No. 137.

396 S.W.2d 427 (1965)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. JOHN JANCIK PRODUCE, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Motions for Rehearing Denied December 8, 1965.


Attorney(s) appearing for the Case

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

North, Blackmon & White, Jack E. A. White, Corpus Christi, for appellee.


GREEN, Chief Justice.

This suit involves a perishable freight loss and damage claim arising out of a carlot interstate shipment of lettuce. The fact that the shipment was damaged in transit through negligence of the carriers is not in dispute on this appeal. Appellant's two points alleged error in the trial court not entering judgment for the appellant due to the failure of the appellee to meet its burden of proving fair market value of the lettuce at destination...

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