Lake Shore & M. S. Ry. v. Gibson

Citations

• 18 Ohio C.C. Dec. 538
• 8 Ohio C.C. (n.s.) 345

Syllabus

<p>CARRIERS — NEGLIGENCE.</p> <p>Parker, Haynes and Wildman, JJ.</p> <p>1. CARRIER of Live Stock must Use Due Care although Stock Improperly Loaded.</p> <p>Where a railroad company receives a car of hogs from a shipper and undertakes to carry them in spite of the fact that they were overcrowded in loading, it is liable for the injuries sustained by the hogs, through its failure to use due care and reasonable means to protect them from overheating.</p> <p>2. Carrier cannot Limit its Liability for Negligence by its own Custom nor by Special Contract.</p> <p>It is proper to exclude testimony offered for the purpose of showing that a railroad company is not accustomed to sprinkle, or “drench,” hogs in transit during the night, or during the day unless ordered by the shipper, in an action by the shipper for injury sustained by these hogs through overheating. A carrier cannot limit its legal liability for negligence by its own customs nor by special contract.</p> <p>[Syllabus approved by the court.]</p>