Texas & N. O. R. v. Roy Campbell, Wise & Wright, Inc.

Court of Appeals of Texas

Texas & N. O. R. v. Roy Campbell, Wise & Wright, Inc.

110 S.W.2d 171, 1937 Tex. App. LEXIS 1235

Court of Appeals of Texas·Decided November 17, 1937·No. No. 10186.·Published

Opinion

SMITH, Chief Justice.

This action was for damages to a shipment of cucumbers from Sandia, Tex., to Minneapolis, Minn. The trial was to a jury, upon whose verdict judgment was rendered in favor of the shipper against the carrier, which has appeáled. ■

The appeal is based upon one proposition, under which it is contended by ap *172 pellant that the evidence was insufficient to “prove the condition in which the goods were actually delivered” at destination. We overrule the proposition. The evidence was ample to show the condition of the shipment, both at the time loaded and at the time delivered by the carrier at destination, and was likewise sufficient to establish. the true measure of damages applicable to such cases and applied here.

The judgment is affirmed.

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SMITH, Chief Justice.

This action was for damages to a shipment of cucumbers from Sandia, Tex., to Minneapolis, Minn. The trial was to a jury, upon whose verdict judgment was rendered in favor of the shipper against the carrier, which has appeáled. ■

The appeal is based upon one proposition, under which it is contended by ap *172 pellant that the evidence was insufficient to “prove the condition in which the goods were actually delivered” at destination. We overrule the proposition. The evidence was ample to show the condition of the shipment, both at the time loaded and at the time delivered by the carrier at destination, and was likewise sufficient to establish. the true measure of damages applicable to such cases and applied here.

The judgment is affirmed.

Texas & N. O. R. v. Roy Campbell, Wise & Wright, Inc., 110 S.W.2d 171, 1937 Tex. App. LEXIS 1235 (Tex. Ct. App. 1937).

Pincite

110 S.W.2d 171 (Texas & N. O. R. v. Roy Campbell, Wise & Wright, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.