99 Neb. 6 | Neb. | 1915
Action in the district court for Holt county to recover damages to an interstate shipment of live stock from Atkinson, Nebraska, to Chicago, Illinois, by reason of a failure to comply with the provisions of chapter 3594, 34 U. S. St. at Large, p. 607.
It was alleged in the. petition, in substance, that the defendant company wrongfully and unlawfully kept 67' head of plaintiff’s cattle, which constituted three carloads of the shipment in question, in the cars for 54 hours
The defendant, by its answer, denied specifically and generally every allegation contained in the petition except those expressly admitted. It admitted that, on or about the time complained of, it was a carrier organized under the laws of the state of Illinois, and owned and operated a line of railway from Atkinson, in Nebraska, to Chicago, in Illinois, and was at that time, and is nOAV, a common carrier for hire of freight and passengers over its said line of railway. It was further admitted that, on or about September 9, 1911, it received from plaintiff at Atkinson, Nebraska, for transportation to Chicago, Illinois, four carloads of cattle, and alleged that it forwarded the same to destination with all due haste and dispatch, and was without fault or negligence in handling or forAvarding the shipment. Defendant further stated that it received said cattle under and by virtue of the terms of a written contract by which plaintiff agreed to load, feed, water, and take care of said stock in transit at-his own expense and risk, and in consideration of such agreement, and to enable plaintiff to comply thereAvith, he was given transportation on the train in which said stock was transported to Chicago, Illinois; that he actually accompanied said stock in compliance Avith the agreement and assumed the duty of feeding, Avatering, looking after, and caring for the stock in transit; that if said cattle, .or any of them, were injured in transit, the same was caused by reason of the failure or negligence of the plaintiff, and not by re¿soir of the fault or negligence of the defendant. A copy of the contract Avas attached to and made a part of defendant’s answer.
The cause was tried to a jury, and resulted in a verdict and judgment for the defendant. The plaintiff has appealed.
The judgment of the district court is therefore
Affirmed.