Pierson v. Northern Pacific Railway Co.

Citations

• 52 Wash. 595
• 100 P. 999
• 1909 Wash. LEXIS 1162

Syllabus

<p>Carriers — Live Stock — Negligence—Violating Law Requiring Unloading. A railroad company is guilty of negligence in carrying horses that had already been on the road ten hours, and continuing the journey so as to make forty-five consecutive hours of travel .without unloading, feeding, or watering, after repeated requests therefor, although it may not have been notified of the time they were on the road before it accepted the shipment; and irrespective of the Federal statute forbidding more than 28 consecutive hours’ travel without unloading.</p> <p>Same — Death of Horses — Proximate Cause. Negligence of a railroad company in carrying horses for forty-five consecutive hours without unloading for rest, food or water, is the proximate cause of their death, where they were so weakened and rendered susceptible to attack by disease that they sickened and died when unwittingly exposed to disease by their owners in endeavoring to bring them back to a normal condition.</p> <p>Evidence — Opinions—Nonexpert Evidence as to Cause of Death of Horses. One who is possessed of only common knowledge on the question is incompetent to give his opinion as to the cause of the sickness and death of horses carried in violation of the Federal statute réquiring unloading for rest, food, and water.</p>