Missouri Pacific Railroad Co. v. Trautmann Brothers

POPE, Justice.

Trautmann Brothers, shipper, sued the carrier for damages to a car of tomatoes. The jury found that the tomatoes were not in good condition when delivered to the carrier and also that the soft condition of the tomatoes resulted solely from the nature of the tomatoes. Notwithstanding those answers favorable to the carrier, the court granted judgment for the shipper, and carrier appealed. The question presented is whether there is enough evidence to support the jury findings.

Shipper proved its prima facie case by introducing the bill of lading, which receipted on January 4, 1953,…