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DIRECT DELIVERY SERVICE, INC. v. SEITZ

No. 4706.

514 S.W.2d 519 (1974)

DIRECT DELIVERY SERVICE, INC., Appellant, v. James R. SEITZ, Jr., dba Marie Leavell Pavilion, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 25, 1974.

Attorney(s) appearing for the Case

James M. Hurst, Shwiff, Hurst & Addison, Dallas, for appellant.

Shannon Jones, Jr., Passman, Jones, Andrews, Coplin, Holley & Co., Dallas, for appellee.

WALTER, Justice.

James R. Seitz recovered a judgment against Direct Delivery Service, Inc. for damages to a porcelain redheaded woodpecker and Direct Delivery Service has appealed.

Seitz pleaded that Direct Delivery Service was a common carrier of goods for hire and that he engaged it to transport the figurine to a photographer: that he delivered the woodpecker to Direct Service in good condition, and when it was delivered

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