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

Citations

• 87 Kan. 824
• 126 P. 1083
• 1912 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Shipment of Live Stock — Yards—Contract. On a shipment of live stock a railroad company can not contract to avoid liability for its negligent failure to provide suitable yards, feed and water at such times -and places as the law requires the unloading, feeding and watering of such stock.</p> <p>2. Pleadings — Amendment—Judicial Discretion. Where a bill of particulars is filed in justice’s court claiming damages against a railroad company for the alleged negligence of the company in failing to furnish suitable yards, feed and water at a station where the live stock is unloaded for the purpose of being fed and watered, and the company files only a general denial thereto, and where on appeal to the district court the company asks leave to amend its answer by attaching a written contract of shipment, made at the inception of the shipment, without any allegation of a breach of the contract on the part of the shipper; held, no error is committed in refusing such request to amend when, as in this case, the shipper assumes the burden of proving that he had given notice of his claim as required by the contract; this being the only condition precedent to his right of action.</p>