H.T. Coker Construction Co. V. Whitfield Transportation Inc‪.‬

This appeal involves two claims of damage to merchandise shipped by the manufacturer in California to plaintiff in Alamogordo, New Mexico. Defendant is a common carrier "* * * operating pursuant to the laws of the United States and the regulations of the Interstate Commerce Commission." "* * * [U]nder federal law, in an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages. * * *" Missouri P.R. Co. v. Elmore & Stahl, 377 U.S. 134, 84 S. Ct. 1142, 12 L. Ed. 2d 194, reh. denied, 377 U.S. 984, 84 S. Ct. 1880, 12 L. Ed. 2d 752 (1964). The application of this rule is dispositive. In applying the rule we discuss: (1) findings of fact and conclusions of law; (2) answers to interrogatories; and (3) probative value of hearsay.