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TEXAS AND PACIFIC RAILWAY COMPANY v. GEORGE

No. 17194.

466 S.W.2d 659 (1971)

The TEXAS AND PACIFIC RAILWAY COMPANY, Appellant, v. Clovis GEORGE, d/b/a Clovis George Tire Company, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

April 23, 1971.

Attorney(s) appearing for the Case

Minor & Knight, and Tom D. Jester, Jr., Denton, for appellant.

Hopkins & Kelsey, and Richard H. Kelsey, Denton, for appellee.

OPINION

MASSEY, Chief Justice.

A judgment against a defendant carrier for a freight loss absent findings for the shipper as to condition of the item at time it was received for shipment may be sustained only in the event questions relating thereto are resolved as a matter of law.

In this case judgment was rendered for the plaintiff shipper, Clovis George, upon the negative or "No" finding returned to the following special issue:

"Do you find...

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