34 Ind. App. 402 | Ind. Ct. App. | 1905
Action for recovery of damages on account of injury to live stock delivered to appellant for transportation. Appellee had judgment for $1,000. The complaint was in two paragraphs, to each of which a demurrer for want of facts was overruled, such rulings being assigned as error.
It is further averred that, the $20 paid for transportation was the price appellant charged, and all that was asked or demanded by it; that appellees were not informed at any time of any other or different rate; that the valuation named in said contract was printed in the rules and regulations and arbitrarily fixed by appellant, and that appellee was required to sign said contract as the only condition on which appellant would ship said property; that it was the duty of appellant to receive and ship said property for reasonable hire, to wit, the sum of $10, which sum defendant demanded and the plaintiff agreed to pay; “that said sum was the only consideration moving from the plaintiff to the defendant for such services, and the only consideration moving from the defendant to the plaintiff was its agreement to transport said property. * * * Ho other or different consideration obtained between the parties for any purpose or purposes whatever’;” that no consideration of any kind existed for reducing the value of said horse to $100; that the value of said horse was not represented by appellee to be $100; that he was not called upon to and did not state its value; that appellant knew the time value of the horse; and that the appellant disregarded its duty and so negligently conducted its business as to cause the car in which said horse was being shipped to be thrown from its tracks in the course of transportation, and that thereupon said car took fire, and said horse’s leg was broken, rendering him of little or no value. 'Wherefore, etc.
The second paragraph only differs from the first in that it sets up negligence upon the part of the appellant in permitting stock to run upon its tracks, which, being run over, caused the derailment of the train.