Carstens Packing Co. v. Southern Pacific Co.

Citations

• 58 Wash. 239
• 108 P. 613
• 1910 Wash. LEXIS 925

Syllabus

<p>Carriers—Of Live Stock—Contracts—Exemption from Liability—Public Policy. A statute providing that a railway carrier of live stock cannot exempt itself from liability for losses or injuries caused by its own negligence is a rule of public policy in this state.</p> <p>Same—Contracts—Validity—What Law Governs. An exemption by contract from liability for negligence by a railroad transporting live stock into this state, contrary to the provisions of Rem. & Bal. Code, § 8648, is void as against public policy, although valid under the laws of the state Where the contract was made; and comity, does not require its enforcement in this state.</p> <p>Same—Claims for Loss—Evidence—Admissibility. In an action for injuries to live stock transported by defendant under a contract requiring claims for loss sustained to be made in writing within ten days after unloading the stock, evidence of abnormal shrinkage in weight is admissible without a bill of particulars or specification of the item, where the claim was for loss and damage due to rough handling, bruises, and depreciation in value, and opportunity was given to inspect the, stock on arrival at its destination.</p> <p>Same—Evidence of Negligence—Sufficiency. The evidence is sufficient to sustain a verdict for loss and damage to cattle transported, through negligent rough handling of the train by the carrier, although the testimony of the shipper’s representative accompanying the stock could not be obtained, where there was evidence tending to show the condition of the cattle when shipped, and when delivered, and that a great number were so seriously bruised as to be unsalable.</p>