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MISSOURI PACIFIC R. CO. v. WHITTENBURG & ALSTON

No. B-449.

424 S.W.2d 427 (1968)

MISSOURI PACIFIC RAILROAD COMPANY, Petitioner, v. WHITTENBURG & ALSTON, Respondent.

Supreme Court of Texas.

January 31, 1968.

Attorney(s) appearing for the Case

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

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

POPE, Justice.

Whittenburg & Alston recovered judgment upon a jury verdict against Missouri Pacific Railroad Company for damages to two carloads of tomatoes they shipped from Laredo, Texas to Toronto, Ontario. On appeal to the court of civil appeals, the carrier urged that the jury findings supported a judgment for the carrier rather than the shipper. The intermediate court reversed the judgment of the trial court but for a different reason, holding that the shipper...

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