AJ Tebbe & Sons Company v. Brown Express

I respectfully dissent. The petition for writ of error was granted on Points l1 and 42. The court has, in my opinion, correctly decided that the Carmack Amendment has no application, thus disposing of Point 1. However, I cannot agree to the judgment reversing and remanding this case to the trial court for a new trial. There is no issue of fact to be determined by the trier of the fact.

The issues between the parties were sharply drawn. There is even a decided disagreement as to the nature of the suit. Petitioner contends that its cause of action for damages to the shipment of onions is founded…