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

Citations

• 88 Kan. 313
• 128 P. 184
• 1912 Kan. LEXIS 58

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipping Stock—Intermingling of Cattle—Damages. Where the employees of a railroad company, in unloading cattle from a train, to be fed and watered, intermingle the animals of two shippers, in violation of directions to keep them separate, the carrier is liable on account of loss of weight and other injuries which naturally result from the handling of the cattle thereby made necessary in order to effect their separation.</p> <p>2. -Agency—Evidence of Authority. The evidence held to support a finding that a person to whom such directions were given was an agent of the railway company.</p> <p>3. - Cattle Exchanged—Damages. A shipper who under-such circumstances has received several inferior cattle of the other owner in place of his own, can not recover damages from the railroad company on account-of the exchange, where he has made no attempt to avail himself of a subsequent opportunity to correct it.</p>