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

Citations

• 78 Kan. 94
• 95 P. 1132
• 1908 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Stock in Transit — Shrinkage in Weight ■ — Notice to Carrier. Shrinkage in the weight of cattle, due to confinement in the cars for an unnecessary length of time while on the way to market and for which the shipper seeks damages because of the negligent delay of the railway company, is within the stipulation of a shipping contract making a written notice of the loss to the railway company before the intermingling of the cattle with other stock a condition precedent to a recovery for loss or injury to cattle during transportation.</p> <p>2. - Written Notice Excused by Knowledge of Carrier’s Representatives. Where a car-load of cattle which were being transported to market was in a railroad wreck and suffered injury, and the representatives of the railway company in charge of the live-stock business at the place of delivery were present and inspected the injured cattle when they arrived and then directed what disposition should be made of them, the' purpose of the stipulated notice was fully accomplished and no further notice was essential to a recovery.</p>