Gulf, C. & S. F. Ry. Co. v. Persky

Appellee brought suit to recover damages of appellant on account of injury to two carloads of bananas bought from the Fruit Dispatch Company, and shipped from New Orleans to Belton and to Lampasas. Appellee alleged that by reason of the negligence of appellant one car of said bananas was totally destroyed by being froz en, and the other'was damaged by the bananas becoming overripe. The bananas were in good condition when shipped, and there was no delay in their shipment. The evidence was contradictory as- to whether the bananas were frozen, and, if so, whether they were frozen when they…