Trautmann Bros. Co., Inc. v. Missouri Pacific Railroad Company

JOSEPH C. HUTCHESON, Jr., Circuit Judge.

The appellant filed this suit to recover for damages to six cars of honeydew melons, transported by defendant from Laredo, Texas, to Philadelphia, Pennsylvania. After trial without a jury, the judge held that the defendant was not liable, except for a small part of the damages. 1

At Laredo, the melons were loaded into the cars and iced, under plaintiff’s directions, and one Fillpot, an employee of the plaintiff, then pre-cooled the cars with electric fans. The cars did not come under the control of the defendant railroad until Fillpot had completed his…