Southern Pacific Company v. Porter

331 S.W.2d 42 (1960)

SOUTHERN PACIFIC COMPANY, Petitioner,

v.

George A. PORTER, Respondent.

No. A-7191.

Supreme Court of Texas.

January 6, 1960.

Rehearing Denied February 3, 1960.

Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, for petitioner.

Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, for respondent.

NORVELL, Justice.

The Court of Civil Appeals held as a matter of "federal law" that a shipper's claim for damages for the negligent handling of cattle in transit could be offset as a recoupment against the carrier's claim for freight charges. 319 S.W.2d 810. The case of Pennsylvania R. Co. v.…