Wells v. Frost Bros., Inc.

NORVELL, Justice.

This is a suit by N. P. Wells against Frost Bros., Inc., predicated upon a charge of negligence in shipping a Russian Sable Scarf from San Antonio, Texas, to New York, N. Y. Trial was upon an agreed statement and judgment rendered that Wells take nothing.

The judgment will be affirmed. In November of 1951, appellant telephoned Frost Bros., Inc., and requested that the fur scarf be forwarded to his wife at the Waldorf Astoria Hotel in New York. He gave no instructions as to how the scarf should be sent, nor did he direct that it be insured. Frost Bros., Inc., was holding the…