Southern Pac. Co. v. Arnett

Citations

• 126 F. 75
• 61 C.C.A. 131
• 1903 U.S. App. LEXIS 4284

Syllabus

<p>1. Carriers — Delay and Confinement of Stock — Demand by Shipper of Stoppage and Release not Indispensable.</p> <p>The failure of a shipper to notify or demand of a railroad company that it shall stop a train of stock so that he can water, feed, and rest the cattle before they have been confined on the cars more than 28 hours (Act March 3, 1873, 17 Stat. 584, c. 252 [U. S. Comp. St. 1901, p. 2995, § 4386]), is not necessarily fatal in all cases to his right to recover for damages caused by the negligent delay and confinement of the cattle, if he has in no way requested or consented to the delay or to the continued confinement of the stock.</p> <p>2. Error — Burden on Plaintiff in Error to Establish by Record.</p> <p>The presumption in an appellate court is that the charge of the court below was correct and was applicable to the facts presented by the evidence, and, in the absence of proof to the contrary by the record, this presumption will prevail.</p> <p>8. Carriers — Delays Incident to Ordinary Transportation.</p> <p>Delays incident to ordinary transportation are the same as reasonable delays — as delays consistent with ordinary care.</p> <p>4. Interest — Allowance on Damages for Tort for Jury.</p> <p>The question whether or not interest shall be allowed on damages for a tort is a question for the jury and not for the court.</p> <p>5. Trial — Error in Charge Waived.</p> <p>The error in an instruction which directs the jury to allow interest on damages for a tort is waived unless a specific exception, which calls it to the attention of the court, is taken before the jury retires. A general exception to the measure of damages is insufficient.</p> <p>14. See Damages, vol. 15, Cent Dig. § 144.</p> <p>6. Interest on Damages for Breach of Contract.</p> <p>Interest upon damages for a breach of a contract is generally recoverable as a matter of law. It is not error for a court to instruct the jury to allow interest from the time of demand upon damages allowed, for the