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

Citations

• 102 Kan. 254
• 169 P. 957
• 1918 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipping Cattle-^-Delay in Transportation — Shipper Not Notified of Conditions — Damages. In an action for damages for delay in transporting cattle, the court instructed the jury that if, when the cattle were tendered for shipment, the defendant knew of conditions likely to cause delay in transportation, and the shipper did not, the defendant should have informed the shipper of the conditions, in order to • excuse liability for delay which the conditions occasioned. Held, the instruction stated the law, and was appropriate to the issues.</p> <p>2. Same — Notice of Loss or Injury. The contract of shipment required notice 'of loss or injury during transportation or at loading or unloading places on the carrier’s road. Held, the contract was concluded with delivery, and notice of loss occurring after delivery was riot necessary.</p>