Texas & N. O. R. v. Dingfelder & Balish, Inc.

SMITH, Chief Justice.

This suit was brought by 'Dingfelder & Balish, Inc., against Texas & New Orleans Railroad Company and the Southern Pacific Steamship Lines for damages to a shipment of twenty-nine carloads of onions from Floresville and Poth, Tex., by rail via the first named defendant’s line to Galveston, and by boat via the second named defendant’s line, to New York City. The plaintiff below recovered of the railroad company, as the initial carrier, which has appealed.

The shipment was made on a through bill of lading issued by the railroad company at point of origin. The evidence was…