Pletcher v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 103 Kan. 834
• 177 P. 1
• 1918 Kan. LEXIS 397

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Í. Common Carrier — Interstate Shipment of Livestock — Failure to Furnish Cars — Damages■—Form, of Action. The form of the action for damages for failure of a carrier to furnish cars to a shipper of livestock for an interstate shipment is not important. The ground of the liability is unjustifiable omission to furnish the cars, and it is not material that in an action for damages for failure to furnish cars requested for a particular day, the shipper predicates liability on breach of contract to furnish the cars on that day.</p> <p>2. Same — Negligence of Carrier — Car Shortage. The evidence «examined, and held, to warrant the jury in finding that the shipper’s requ'est for cars was negligently treated, and that the carrier was not excused from complying with the request because of sudden and great demands which it had no reason to apprehend would be made, and which it could not reasonably be expected to meet.</p> <p>3. Same — Interstate Shipment — Provisions of Bill of Lading — No Waiver of Previous ■ Loss from Carrier’s Negligence. Relying on compliance with his request for cars on a certain day, the shipper in due time ' placed hogs in the carrier’s stockyard, for interstate transportation. Because of the carrier’s failure to furnish the cars, 17 of the hogs •died. ' After the remainder of the herd, 131 in number, were loaded in belated cars, a bill of lading for them was issued, and was signed by the shipper. The bill of lading contained a provision that the carrier’s liability should not attach until the livestock was loaded in the cars and a written shipping contract was issued. Held, the carrier’s liability for loss of the hogs which died was not released or waived by the shipper.</p>