Atchison, Topeka & Santa Fe Railway Co. v. Lone Star Steel Co.

MOTION ON REHEARING

Appellee, Lone Star Steel Company, contends that the original bills of lading it sought to introduce as its exhibits to prove the alleged overcharges for rail transportation were admissible under the provisions of the Texas Business and Commerce Code, Sec. 1.202, V.T.C.A., and the interpretation of that section in Maurice Pincoffs Co. v. Southern Stevedoring Co., Inc., 489 S.W.2d 277 (Tex.Sup.1972). Sec. 1.202, supra, applies to bills of lading issued by third parties. In the Pincoffs case, supra, the bill of lading was admissible because it was prepared by a third party, and therefore Pincoffs is not applicable to the present case since the bill of lading here was between the parties and did not involve a third party. Appellee’s motion for rehearing is respectfully overruled.