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

Citations

• 74 Kan. 599
• 87 P. 751
• 1906 Kan. LEXIS 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Shipment of Live Stoek — Damages—Negligence. Where the plaintiff asks damages from a railroad company for negligence in carrying and delivering cattle shipped over its line, alleging that it had orally agreed to carry and deliver the cattle upon certain conditions, and the railroad company admits the receipt and shipment of the cattle, but alleges that they were carried under a written contract the conditions of which had not been complied with by plaintiff, and proof is offered on the one part that the contract of shipment was oral and upon the other that it was written, and tends to show actionable negligence under either theory, held, that the plaintiff can recover the damages sustained as measured by the agreement established by the evidence.</p> <p>2. -— Notice of Claim for Damages — Loss of Market. . A provision in a live-stock shipping contract that notice in writing of the shipper’s claim for damages shall be a condition precedent to a recovery for any loss or injury to stock during transportation does not cover damages such as the loss of market or other losses occasioned by the carrier’s negligent delay and arising after transportation has ended.</p> <p>3. Contracts — Evidence—Intention. In a controversy as to the making of an agreement one of the parties to it may not testify as to what he had in mind in the preliminary negotiations, nor state his unexpressed intent in such negotiations.</p>