Caston v. Schaff

Citations

• 105 Kan. 487
• 185 P. 33
• 1919 Kan. LEXIS 113

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carrier — Delay in Shipment of Live Stock — Evidence—Findings of Negligence. The evidence examined, and held sufficient to maintain the action and to support the verdict, special findings, and judgment, touching a carrier’s negligence in delaying the transportation of a carload of horses and mules at the place where the shipment originated.</p> <p>2. Same — Delay in Transporting Live Stock — Measure of Damages Under Written Claim Presented. Where a shipping contract for the carriage of live stock provided that the shipper, within four months, should file with some agent of the carrier a written claim for damages, giving the amount of the damages, and stipulating that “no damages can be recovered except those set forth in the required written notice and claim aforesaid and in no greater amount than claimed in said notice,” it is held that such stipulation is reasonable, and that the shipper’s right of recovery is limited to the specified items of damage set out in his written claim presented to the carrier, and allowances made by a jury in excess of any of the itemized claims thus presented by the shipper must be reduced and limited thereto.</p> <p>3. Same — Amount of Judgment Modified. Allowances made by a jury in excess of plaintiff’s written demand upon the carrier reduced, and the judgment modified and affirmed.</p>