Austin v. American Railway Express Co.

Citations

• 109 Kan. 512
• 200 P. 293
• 1921 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Dog Suspected of Hydrophobia — Head Sent by Express for Examination — Failure of Express Company to Deliver the Head — ■ Elements of Damages. The plaintiff was bitten by a dog suspected of having hydrophobia. The plaintiff’s physician shipped the dog’s head to Manhattan for the purpose of ascertaining whether or not the dog had hydrophobia at the time it bit the plaintiff. The box containing the shipment was marked, “Dog’s Head, Rush.” The defendant was informed of the accident to the plaintiff and of the purpose for which the head was being shipped to Manhattan. The head was not delivered. Held, that the defendant is liable for the expense of the shipment, the mental pain caused the plaintiff, the expense incurred for medical treatment to prevent hydrophobia, the pain caused by that treatment, and the damage' sustained by loss of time while taking it, although the treatment proved to be unnecessary.</p>