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

Citations

• 97 Kan. 222
• 155 P. 20
• 1916 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipping Cattle — Unloading in Transit — Quarantined Yards — Construction of Telegram — Evidence. In an action for damages to a shipment of cattle caused by a delay in starting after they were loaded, and by unloading in transit in yards which had been ordered quarantined by the Bureau of Animal Industry, so that such cattle had to be kept there several days and disinfected, evidence was offered for the purpose of showing that the following telegram:</p> <p>“A. T. & S. F. yards Waynoka infected scabies account Elwood cattle. Quarantine until disinfected. Bureau Supervision.</p> <p>Signed: Allan.”</p> <p>required' only the quarantining of certain portions of such yards in which infected cattle had been recently handled, which evidence was rejected. Held, that such ruling was proper.</p> <p>2. Same — Written Notice of Damages Claimed — When Unnecessary. The shipping contract provided that .written notice of a claim for damáges should be given to some officer of the company or to the nearest station agent before the stock should be removed from the destination or place of delivery and before it had been slaughtered or intermingled with other stock. The cattle were kept at the quarantined yards seven days and there dipped by the. servants of the defendant under the supervision of the Bureau of Animal Industry. No claim was made for damages caused after the shipment left the yards. Held, under such circumstances written notice was not required as to damages then apparent, but in order to recover for damages so caused but thereafter developing, notice was required unless waived.</p> <p>3. Same — Negligence — Requested Instructions Refused — Error. The allegations, proof and instructions involved two grounds of damage, delay at Argentine and the treatment received at Waynoka. The defendant requested that the jury be required to state, if they found the defendant negligent, in what respect or respects they considered it negligent, which r