Illinois Cent R. v. Ainsworth

Citations

• 115 Miss. 20
• 75 So. 755

Syllabus

<p>Carriers. Loss of live stock. Evidence. Sufficiency.</p> <p>Where in an action by a shipper against a common carrier for damages to live stock resulting from alleged negligence in handling them, the evidence showed that the animals were not physically injured, but were in apparently good condition when delivered to the consignee; that in the stockyards from which the stock were shipped there had been a short time before they were placed there, a contagious disease similar to the disease contracted by the animals in question; that live stock shipped from the North to South in that season frequently suffered from shipping cold and that several days after plaintiff received them, several animals developed colds, followed - by pneumonia and died, but there was no evidence that this condition resulted from the negligence of defendant, in such case a verdict for plain tiff was erroneous and the court should have given a peremptory instruction for defendant.</p>