Thompson v. Associated Growers of Brownsville
| Decision Date | 27 May 1942 |
| Docket Number | No. 11192.,11192. |
| Citation | 162 S.W.2d 754 |
| Parties | THOMPSON v. ASSOCIATED GROWERS OF BROWNSVILLE. |
| Court | Texas Court of Appeals |
Appeal from Ninety-fourth District Court, Nueces County; Allen Wood, Judge.
Suit by Associated Growers of Brownsville against Guy A. Thompson, trustee, for damages to three carloads of tomatoes. From a judgment for plaintiff, defendant appeals.
Affirmed.
John C. North, of Corpus Christi, for appellant.
Ward & Brown, of Corpus Christi, for appellee.
Suit for damages to three carloads of tomatoes originating at Brownsville, Texas, and delivered and sold at different destinations in other states. St. Louis, Brownsville & Mexico Railway Company was the initial carrier, and the sole defendant in this suit, brought by the shipper, Associated Growers of Brownsville.
The shipper pleaded and introduced evidence to show that the commodity was in sound condition when delivered to the carrier at point of origin, and in a decayed and damaged condition when delivered by connecting carriers at destination, thereby making a prima facie case for recovery.
The Railway Company pleaded only a general denial, and offered no testimony in rebuttal of plaintiff's evidence. In response to a jury verdict on special issues, judgment was rendered in favor of the shipper, and the Railway Company appealed.
Appellant first complains of the refusal of its motion for directed verdict in its favor. We overrule this contention. The pleadings and evidence clearly made a prima facie case for appellee, which prohibited the trial judge from directing a verdict for appellant.
In submitting to the jury the issue of damages, the court defined the measure to be "the difference, if any, in the market value of tomatoes in a good and sound condition and in the condition in which they were delivered, at the time and place of delivery." Appellant objected to this definition on the ground that the true measure was "the difference, if any, in the market value of the tomatoes in said car in the condition in which they would have arrived if transported with care and dispatch, and their market value in the condition in which they were delivered."
We are of the opinion that under the case made the court correctly defined the measure of damages. It is true that, ordinarily, the true measure in such cases as this would be the difference, if any, between the market value of the commodity in the condition and at the time it should...
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...J. Tebbe & Sons Co., Tex.Civ.App., 241 S.W.2d 627; Thompson v. Tankersley, Tex.Civ.App., 238 S.W.2d 263; Thompson v. Associated Growers of Brownsville, Tex.Civ.App., 162 S.W.2d 754; American Ry. Express Co. v. McDaniel, Tex.Civ.App., 20 S.W.2d 1104; Coulter v. Gulf, C. & S. F. Ry. Co., Tex.......
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...good order at Laredo, Texas . . . The shipper proved its damages. This was proof of a prima facie case. Thompson v. Associated Growers of Brownsville, Tex.Civ.App., 162 S.W.2d 754. If, at that point, the carrier had done nothing, shipper would have had judgment, for shipper is under no duty......
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...only one per cent were firm ripe. The shipper proved its damages. This was proof of a prima facie case. Thompson v. Associated Growers of Brownsville, Tex.Civ.App., 162 S.W.2d 754. If, at that point, the carrier had done nothing, shipper would have had judgment, for shipper is under no duty......
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