86 N.Y. 275 | NY | 1881
We must assume as facts in this case, that the loss of the sheep, to the full extent of the verdict, resulted from the negligence of the defendant corporation in omitting to supply the train with such appliances as would have enabled those in charge of it to have stopped its progress, and extinguished the fire in the stock-cars before serious damage had resulted. The appellant disputes these facts with a force and effect which we very distinctly feel, but to which we are not permitted to yield. The jury have awarded what seems to us, upon the evidence, a very large value for the sheep destroyed, and have ascribed to the delay in stopping the train and seeking to extinguish the fire almost the whole of the resultant loss. If these questions of fact were open to our consideration it is quite probable that we should disagree with the conclusions of the jury. But we are not at liberty to review those conclusions. They were possible inferences from the evidence. The truth was to be sought from among abundant contradictions, and that duty belonged to the jury, and their conclusions upon the facts are not subject to our review. (Gale v. N.Y.C. *278 H.R.R.R. Co.,
Assuming these facts as established, the principal question presented is as to the effect of the transportation contract under which the sheep were carried. By its terms, in consideration of a reduction in the charges for freight, the carriers were released from liability originating in the viciousness or weakness of the animals, or from delays, or in consequence of heat, suffocation or of being crowded, "or on account of being injured, whether such injury shall be caused by burning of hay, straw, or any other material used for feeding said animals, or otherwise, and for any damage occasioned thereby." The agreement contains no words expressly and definitely exempting the carrier from liability for his own negligence, and the question presented is whether, upon any just interpretation, it can be said to create such an exemption. The doctrine of Mynard v. The S.B. N.Y.R.R. Co. (
The remaining questions are not important. We do not think there was error in allowing witnesses who had dealt in sheep, and were acquainted with their varieties and with their market value, to testify to the value of sheep such as those injured. The knowledge of the witnesses was not great, nor their experience wide, but it was enough to make competent their evidence of value. (Teerpenning v. Corn Exch. Ins. Co.,
The judgment should be affirmed, with costs.
All concur, except MILLER, J., taking no part.
Judgment affirmed. *280