Yeckes-Eichenbaum, Inc. v. Texas Mexican Railway Company

HUTCHESON, Chief Judge.

Filed February 9, 1956, the suit was for damages to 146 carloads of cantaloupes, packed in wooden crates, shipped by rail from Laredo, Texas, to eastern markets, and sold by plaintiffs on a commission basis. Each of the bills of lading carried a notation that the described property was received in “apparent good order except as noted (contents and condition of contents of packages unknown) * * * S.L.C.” (meaning shippers load and count).1

Upon arrival at their eastern destination each of the cars showed crate breakage which had caused damage to the cantaloupes, and it…