Nigro v. Houston & T. C. R. Co.

This is an action for recovery of damages alleged to have been inflicted through the negligence of appellees in the interstate transportation of a car of bananas from New Orleans to Dallas. The case was tried below before the court and a jury, and resulted in an instructed verdict for appellees.

Three grounds of negligence were alleged, as follows: (1) That the shipment was improperly routed; (2) unreasonable delay of the shipment by appellees at the origin and also in transit; and (3) failure to ventilate the car properly during transit.

The first two alleged grounds of liability are virtually…