American Trucking Co. v. Iowa Beef Processors, Inc.

I dissent. The jury found that the meat was in good condition when delivered to the common carrier. It is undisputed that the meat was not in good condition when delivered from the carrier to the consignee. This establishes a prima facie case of carrier liability, and the carrier failed to establish any facts which would relieve it from liability.

Our Supreme Court stated the rule in Missouri Pacific Railroad Company v. Elmore & Stahl, 368 S.W.2d 99, at 101 (Tex.1963), affirmed, 377 U.S. 134, 84 S.Ct. 1142, 12 L.Ed.2d 194 (1964):

(A) shipper of goods by common carrier makes a prima facie case…