J. D. Simms & Sons v. New Orleans & N. E. R.

Citations

• 122 La. 268
• 47 So. 602
• 1908 La. LEXIS 447

Syllabus

<p>Carriers (§ 218*) — Live Stock Shipment-Action eob Injuries.</p> <p>Where a car load of mules was shipped by rail under a special contract by which the shipper assumed all risks of injury, loss, or damage which the animals might suffer from certain enumerated causes, and all other damages-incidental to railroad transportation which shall not have been caused by the fraud or gross negligence of the railroad company, and one of the mules was injured during the transit in some-unexplained way, held, that proof that the carrier was not negligent in any respect in handling the car is a sufficient defense, since all other risks were assumed by the shipper, and that the reduced rate of freight and a free passage to the shipper were a sufficient consideration for the contract.</p> <p>[Ed. Note. — Por other cases, see Carriers, Cent. Dig. § 940; Dec. Dig. § 218.*]</p> <p>(Syllabus by the Court.)</p>