Yeckes-Eichenbaum, Inc. v. Texas Mexican Railway Company

Being in substantial agreement with the carefully considered opinions of the learned district court,1 I respectfully dissent.

It is elementary that the burden rests-on the shipper to prove delivery to the-carrier in good condition before he can recover for the damaged condition of the shipment upon its arrival at destination. To meet that burden as to each of the 1462 carloads of cantaloupes, the shippers relied on the bills of lading issued' by the carrier at Laredo, Texas. Those-bills of lading acknowledged receipt “in apparent good order and condition” of each of the cars, described by…