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

Citations

• 92 Kan. 322
• 140 P. 875
• 1914 Kan. LEXIS 225

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Live-stock Shipment — Delay in Transportation — Notice of Claim for Damages — Minimum Speed of Fifteen Miles per Hour. A shipment of live stock under the usual contract provided that as a condition precedent to the right to recover damages for loss or injury to his stock during transportation the shipper should give notice in writing of his claim before the stock was removed and intermingled with other stock. In an action to recover for damages on account of delay in transportation, brought under sections 7116 and 7117 of the General Statutes of 1909, requiring carriers to transport live stock at an average rate of speed of not less than fifteen miles per hour, held error for the court to charge that if the damages were the direct result of the failure to comply with the fifteen-mile statute, then the contract requiring notice was no defense.</p> <p>2. Same — Injury to Stock During Transportation — Written Notice of Claim for Damages. Upon the facts stated in the opinion it is held that the loss and injury on account of delay in transportation, by which the cattle became jaded, gaunt and emaciated, and after being unloaded became restless and in unfit condition and refused to take the usual and customary fill in order to put them in prime condition for sale, was a loss occasioned during transportation, and that notice of such a claim was required as a condition precedent to the right of recovery.</p>