Stewart Poultry Co. v. Erie Railroad

Citations

• 99 Kan. 540

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Shipment- — Poultry—Delay in Transportation — Liability of Connecting Carrier. A connecting carrier in an interstate shipment of a car of poultry is liable directly to the holder of the bill of lading for the damages caused by negligence in transporting the car over the connecting carrier’s road, ■ where the loss sustaine'd has been caused by a decrease in the market price of poultry, although the bill of lading stipulated that the carrier was not bound to transport the car in time for any particular market.</p> <p>2. Admission op Secondary Evidence — Supplemented by Competent Evidence — No Prejudicial Error. A judgment will not be reversed on account of the admission of secondary or incompetent evidence, where the facts which that evidence tends to prove are established by other • primary and competent evidence, unless it affirmatively appears that the admission of the secondary or incompetent evidence prejudicially affected the substantial rights of the party complaining.</p> <p>8. Interstate Shipment — Poultry-—Delay—Negligence. An unnecessary delay of eighteen hours in the transportation of a car of poultry over a line of railroad is sufficient to warrant instructions concerning the negligence of the carrier in the transportation of the car.</p> <p>4. Same — Measure of Damages. The measure of damages was properly submitted to the jury, following Railway Co. v. Fry, 74 Kan. 546, 87 Pac. 754, 79 Kan. 21, 98 Pac. 205.</p> <p>5. Same — Negligence—Sufficient Evidence. The evidence was sufficient to prove negligence on the part of the defendant.</p>