St. Louis & San Francisco Railroad v. Beets

Citations

• 75 Kan. 295
• 89 P. 683
• 1907 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Duty to Maintain Stock-yards in Reasonably Safe Condition. Where a common carrier of live stock provides stock-yards at its stations for the purpose of receiving stock for shipment it is the duty of such carrier to keep its yards in a reasonably -safe condition, and a failure to do so is negligence.</p> <p>2. -Defective Stock-yards — Injury to Live Stock. When a shipper of live stock arranges with the station-agent of a railroad company to ship two car-loads of cattle, and afterward in pursuance of such arrangement places the cattle in the company’s stock-yards at such station for shipment, and without fault on his part one entire side of the pen containing his cattle falls down, because the posts have rotted off, and the cattle escape and are injured, the company is liable for any damages sustained thereby.</p> <p>3. Practice, Supreme Court — Question Not Presented to Trial Court. This court will decline to consider a question presented in a brief if it appears from the record that such question 'was not presented to the district court.</p> <p>4. -Misleading Instruction — Error Cured by Special Finding. Where an instruction is given which tends to mislead the jury, the error, if there be any, will be cured by a special finding which clearly shows that the instruction was properly understood.</p> <p>5. Railroads — Notice of Claim for Damages — Injury before Transportation Began. The live-stock shipping contract at-* tached to defendant’s answer examined, and the provisions thereof relied upon by defendant held to be immaterial, because they relate to damages received during transportation only.</p>