Southern Pacific Co. v. Porter

PITTS, Chief Justice.

Appellant, Southern Pacific Company, a corporation common carrier by rail, sued appellee, George A. Porter, for unpaid freight charges and expense items in the sum of $4,319.50. Appellee urged a defense of recoupment founded upon allegations to the effect that the originating carrier had wrongfully and negligently failed to heed a diversion request on a shipment made by appellee, as a result of which he suffered damages in excess of the amount *812for which he was sued. The action involves an interstate shipment of 290 head of cattle on November 19th and 20th, 1953, from…