Amstar Corporation v. Southern Pacific Transport Company of Texas and Louisiana

Appellant seeks to raise an issue as to the proper measure of damages resulting from damage done to a shipment of sugar from appellant’s- factory to a customer. The shipment was transported by appellee and it was contended that the damage occurred enroute. However, because the case was ultimately resolved in the district court, by a consent judgment, we conclude that the appeal must be dismissed.

The original complaint alleged liability and damages. Before trial, the defendant, appellee here, filed a motion for partial summary judgment as to damages. Over the plaintiff’s objection, the trial…