Bracht v. San Antonio & Arkansas Pass Ry. Co.

— Plaintiff bad a car of tomatoes and encumbers at Ingleside, Texas. He bad an offer from Dallas in tbe same State of one dollar per crate on tbe tomatoes and fifty cents per crate on tbe encumbers, delivered at Dallas. Pie thereupon shipped over defendant’s road, a car load of these vegetables from Ingleside to Dallas consigned to himself, and, as be expressed it in testimony, they were “to be- sold in transit.” For some reason* not appearing, they were not sold and on tbe day of arrival at Dallas, be ordered tbe car diverted to Kansas City, Missouri. It was diverted over tbe M. K. & T. Ry.…