Ball v. Wabash, St. Louis & Pacific Railway Co.

Citations

• 83 Mo. 574

Syllabus

<p>,1. negligence: common carrier. A common, carrier may limit his common law liability by special contract, but cannot exempt himself from the consequences of his own negligence.</p> <p>:2. Common Carrier : delay in transportation. Plaintiff brought suit against defendant, a common carrier, for damages arising from its delay in the transportation of hogs, whereby the latter died from heat. The evidence showed that the delay occurred, that it was apparently unnecessary, that the weather was excessively warm, that the attention of the train men was more than once called to the suffering condition of -the hogs, and the defendant failed at the trial to .account for the delay. Held that the supreme court could not say there was no evidence of negligence on defendant’s part and that the finding for plaintiff thereon should be affirmed.</p> <p>■3. The Judgment in this case held not erroneous because of any error as to measure of plaintiff’s damages.</p>