Maslin v. B. & O. R. R.

Citations

• 14 W. Va. 180
• 1878 W. Va. LEXIS 60

Syllabus

<p>1. A railroad company is a common carrier of cattle, but as sucli is not responsible for losses occasioned, by the cattle dying, or being-injured by boat, unless the loss or damage lias been occasioned by some negligence or misfeasance of the company . or of its servants.</p> <p>2. A common earner for hue by special contract, based on a valuable consideration, may exempt itself from loss, or damage, resulting from inevitable accident, though such accident was not the result of the act of God, or of the public enemy, provided the common carrier, or its servants, in no manner contributed to such accident; but it can not exempt itself from loss or damage, which has in any degree been caused by the negligence or misfeasance of itself or its servants.</p> <p>I!. A railroad company, which charges for the transportation of cattle, but permits the shipper to travel on a free pass upon the cars to take care of the cattle, is a common ¡1 carries' for hire, both as to passenger and cattle.</p> <p>4. A common carrier does not become a private carrier, by a special contract, whereby it is relieved from a portion of its responsibilities asa common carrier.</p> <p>5. A shipper of cattle in a declaration in which there are no counts against the defendant except against him as a carrier, or bailee, of cattle, can not recover for losses resulting from the misrepresentation of the defendant’s agent, whereby the piainfifl' was induced to ship the cattle on a slow train of the defendant, instead of on a fast train.</p>