Southern-Plaza Express, Inc. v. Neal Harville, Jr., and Joni Ruth Harville, D/B/A Harville Rose Service

TUTTLE, Circuit Judge.

This is an action to recover for damage to 835 cartons of rose bushes shipped by the plaintiffs from Tyler, Texas, to Baltimore, Maryland, via the defendant and an interlining motor carrier. The jury rendered a verdict of $2,004 for the plaintiffs from which the defendant appeals on the grounds that it is against the weight of the evidence and founded on erroneous instructions by the trial court.

The plaintiffs’ evidence tended to show that the cartons of rose bushes were delivered to the defendant in the afternoon of March 2, 1954, for immediate shipment to its…