Thompson v. A. J. Tebbe & Sons Co.

McGILL, Justice.

This appeal from the 94th Judicial District Court of Nueces County is a companion case to Thompson, Trustee for International Great Northern Railroad Company v. A. J. Tebbe & Sons Company, Tex.Civ.App., 241 S.W.2d 627.

In the trial court plaintiff cast his petition in cause No. 41119-c in three counts. In count I he sought to recover for damage to 510 50½ pound bags of onions alleged to have been loaded in car SFRD 7301 at Robstown, Texas, on May 9, 1947, and contracted by defendant to be transported to Little Rock, Arkansas, and later diverted to Oklahoma City, Okla., Kansas…