Atchison, Topeka & Santa Fe Railway Co. v. Watson

Citations

• 71 Kan. 696
• 81 P. 499
• 1905 Kan. LEXIS 212

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Shipment of Cattle — -Implied Authority of Agent. The fact that a person is in the immediate charge of cattle at the time they are delivered to a carrier, and while they are in transit, is not conclusive evidence that he is authorized to sign the owner’s name to a contract of shipment, nor is the carrier justified in assuming that he has such authority, where an oral contract for the shipment has already been made with the owner.</p> <p>2. -Negligent Delay — Damages—Evidence. Where damages are claimed from a carrier on account of weight unnecessarily lost by cattle in transit, occasioned by a negligent delay, and the exact weight at the beginning and at the end of the journey cannot be shown, it is not error to permit persons experienced in such matters to give their opinion of the loss ordinarily resulting under such circumstances, as well as of the loss in similar cases where no delay occurs.</p>