Legal Opinion
Missouri Pacific Railroad Company v. The H. Rouw Company
Court of Appeals for the Fifth Circuit
Decided October 27, 1958No. 17059_1PublishedCited by 20 opinions
1Opinion of the Court
CAMERON, Circuit Judge.
This appeal presents the question of the correct measure of damages which should be allowed the owner (or the party entitled to recover) of an interstate shipment of perishables damaged by the negligence of a common carrier by rail. Based upon two Texas cases 1 the court below held that “the measure of damages * * * [was] the difference between the wholesale market price of the commodities had they arrived in the condition they should have been had they been properly and promptly transported and the same market value in the condition in which they were delivered.2
*446The…
2Cases cited13 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
- Chicago, M. & St. P. Ry. Co. v. McCaull CoSupreme Court of the United States · 1920
- Waterman S. S. Corp. v. United States Smelting, Refining & Mining Co.Court of Appeals for the Fifth Circuit · 1946
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Billy Ray Stringer v. Robert DilgerCourt of Appeals for the Tenth Circuit · 1963
- Craig Charles Clappier v. Dennis Flynn, Sheriff of Laramie County, Wyoming, Individually and in His Representative CapacityCourt of Appeals for the Tenth Circuit · 1979
- Whitfield v. LindemannCourt of Appeals for the Fifth Circuit · 1988
- Chandler v. Aero Mayflower Transit Co.Court of Appeals for the Fourth Circuit · 1967
- R. G. McClung Cotton Co. v. Cotton Concentration Co.Court of Appeals of Texas · 1972
15 more not listed; retrieve them via the Exa API.