John Bonura & Co. v. Texas & N. O. R. R.

I am forced to disagree with my associates in their opinion that defendant should be held liable here. The amount involved' is small, and therefore the payment of the judgment, I am sure, will give the carrier no great concern. But I fear that the principle involved will, 'if followed in the future, establish a doctrine that a carrier of perishable vegetables is an insurer thereof and that liability for loss resulting from decay during transit cannot be avoided no matter how perfect the proof of the carrier’s freedom from negligence. It is important to note, at the outset that the district…