Southern Pacific Company v. Porter

The Court of Civil Appeals held as a matter of “federal law” that a shipper’s claim for damages for the negligent handling of cattle in transit could be offset as a recoupment against the carrier’s claim for freight charges. 319 S.W. 2d 810. The case of Pennsylvania Railroad Company v. Miller, 5th Cir., 124 F. 2d 160, writ of certiorari denied, 316 U.S. 676, 62 S. Ct. 1047, 86 L. ed. 1750 was relied upon as supporting this holding.

The present action involved an interstate shipment of 290 head of cattle from Kinsey, Montana to El Centro, California under the terms of the Uniform Live Stock…