Opinion
No. 10186.
November 17, 1937.
Appeal from District Court, Nueces County; W. B. Campbell, Judge.
Action by Roy Campbell, Wise Wright, Inc., against the Texas New Orleans Railroad Company. Judgment for plaintiff, and defendant appeals.
Judgment affirmed.
John C. North and Leslie S. Lockett, both of Corpus Christi, for appellant.
Boone, Henderson, Boone Davis, of Corpus Christi, for appellee.
This action was for damages to a shipment of cucumbers from Sandia, Tex., to Minneapolis, Minn. The trial was to a jury, upon whose verdict judgment was rendered in favor of the shipper against the carrier, which has appealed.
The appeal is based upon one proposition, under which it is contended by appellant that the evidence was insufficient to "prove the condition in which the goods were actually delivered" at destination. We overrule the proposition. The evidence was ample to show the condition of the shipment, both at the time loaded and at the time delivered by the carrier at destination, and was likewise sufficient to establish the true measure of damages applicable to such cases and applied here.
The judgment is affirmed.