City of Dallas v. Milum

These eggs had been shipped out of Derry, New Hampshire, by the War Food Administration, waybill dated February 19, 1944; arrived in Dallas March 5, and apparently turned over to the City for distribution to charitable and relief outlets through D. P. Dysart, its purchasing agent, who arranged with defendant for storage of *841the 500 cases. The shipment was given to the City of Dallas.

Upon reconsideration, I disagree with the majority judgment of reversal. In the first place, the suit was in the nature of a tort, against a public warehouseman, charging specific acts of negligence, and involved…