Southern Pac. Co. v. Arnett

Citations

• 111 F. 849
• 50 C.C.A. 17
• 1901 U.S. App. LEXIS 4439

Syllabus

<p>1. Carrie us--Action foe Injury to Property in Shipment—Pleadino.</p> <p>A special contract exacted by a carrier is a defensive weapon to be used by the carrier when sued by the shipper for an alleged violation of duty against which it was designe# to afford protection, and a shipper suing to recover damages for negligence, on account of which the carrier is liable notwithstanding the contract, is not required to declare upon such contract.</p> <p>2. Same—Action for Injury to Live Stock—Evidence.</p> <p>On the trial of an action against a railroad company to recover damages for injuries to cattle in shipment, alleged to have been due to the fact that they were kept too long in the cars without rest- or feed or water, caused in part by the slow speed of the train, testimony tending to show that the time made was unusually slow for a stock train, and that the had condition of the cattle on arrival at their destination was due to neglect and bad treatment during the journey, is germane to the issues, and its admission not error, where, so far as it consisted of opinion, the witnesses were shown to he qualified by experience to express such opinions, either by having been in the railroad service or by dealing in cattle.1</p> <p>8. Evidence -Statements of Third Person—Res Gestas.</p> <p>Unsworn statements made by a third person, who acted as agent for plaintiffs in loading the cattle on the cars, as to their condition at the time, were not admissible as part of the res gestae in support of a defense that the cattle were in an unfit condition for shipment when loaded, where there was no evidence to show that such person was authorized to bind plaintiffs by such statements.</p> <p>4 Same—Opinions—Qualification of Witness.</p> <p>As a defense to an action against a railroad company for injury to cattle alleged to have been duo to their negligent handling in shipment, defendant pleaded that the cattle were in unfit condition when shipped, and that their injury was due to