Colorado & Southern Railway Co. v. Breniman

Citations

• 22 Colo. App. 1

Syllabus

<p>1. Common Carriers — Who Are. Railroad companies are common carriers of live stock.</p> <p>2. -Liability of. The carrier is not responsible, in .that. capacity, until the goods have been delivered to him, for, and in condition for, immediate shipment and transportation, requiring no further action, or direction from the consignor, and have been accepted by the carrier. Upon such delivery and acceptance the liability of the carrier commences, and delay in putting the goods in transit, no matter for what cause or for how long, is immaterial. If a loss occurs, not occasioned by the act of God or the public enemy, the carrier is liable.</p> <p>3. -Delivery to Carrier — Acceptance. Sending the freight to the place where the carrier is accustomed to receive freight, accompanied with notice that it is there for transportation, is a delivery, and may be sufficient to bind the carrier, as such, in the absence of objection or refusal to accept the same for immediate transportation. Formal acceptance is not required.*</p> <p>4. - Carrier of Live Stock- — Duty. A railroad company carrying live stock is under duty to provide good and sufficient pens for receiving, loading and unloading live stock, not only at the station of receipt and delivery, but where stock en route are to be fed, or where they are delayed; and it is liable for losses occasioned by its failure to provide such facilities.</p> <p>The liability is the same, whether the railway company maintains these facilities, or employs another to discharge their duty, or adopts the yards and pens of another as a part of its system.</p> <p>5. - Contract Limiting Carrier’s Liability, is without effect where executed after the defaults which occasioned the loss complained of, no purpose to give it retrospective effect appearing.</p> <p>6. - Contract Construed. The contract pleaded by the railway company in defense to an action for losses of live stock attributed to its defaults, provided that “claims for loss or damage from