114 Ky. 817 | Ky. Ct. App. | 1903
Opinion of the coukt by
Affirming.
This is an appeal from a judgment of the Henderson circuit court in an action instituted by the appellees, Frank Eblin, etc., against the Illinois Central Kailroad Company, for damages alleged to have been done to two car loads of horses while being transported over the defendant’s line of road from Omaha, Neb., to Henderson, Ky. As their cause of action the plaintiffs allege in their petition that at the time of making the contract for the shipment of their horses the defendant, through its authorized agents, agreed to deliver the horses at Decatur, 111., in not less than 32 hours after leaving Omaha; and that they would furnish at that point ample opportunity for unloading, feeding and watering the horses; and that the horses should remain at Decatur not less than 12 hours, in the pens of the com
The chief grounds relied on for reversal are that the trial court erred in admitting evidence of the statements of the agent of defendant at Omaha as to what the company would do in the way of furnishing facilities for watering and feeding the stock while en route, and the time that would be required for the journey; and that the verdict is flagrantly against the weight of evidence, and contrary to the instructions. The testimony for the plaintiffs is to the effect that the horses were shipped from Baker City, Or., to Omaha, Neb., a distance of about 1,700 miles, in eight days; that during the journey they were stopped and unloaded three times, and allowed to rest and feed each time about 24 hours; that they arrived at Omaha in good condition; that the agent of the defendant company at Omaha represented to the plaintiffs that they would deliver the cars in Decatur, 111., in 32 hours, where abundant facilities for feeding and watering them would be furnished, and where they would be allowed to remain in the pens for rest and exercise, after being unloaded, 12 hours, and would then reach their destination at Henderson, Ky., in 24 hours after leaving Decatur; that as a matter of fact the horses left Omaha at 11:30 Tuesday night, and arrived at Decatur at 9:30 p. m., Thursday, having been on the road about 46 hours; that when they arrived at Decatur they were directed by the agents of the company to unload their stock in a lot about 35 feet square, which contained no mangers
“Sec. 4386 [U. S. Comp. St. 1901, p. 2995]. No railroad company within the United States whose road forms any part of a line or road over which cattle, sheep, swine, or other animals are conveyed from one State to another, or the owners or masters of steam, sailing or other vessels carrying or transporting of cattle, sheep, swine or other animals from one State to another, shall confine the same in cars, boats or vessels of any description, for a longer period than twenty-eight consecutive hours, without unloading the same for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes. In estimating such confinement the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included, it being the intent of this section to prohibit their continuous confinement beyond the period of "twenty-eight hours, except upon contingencies hereinbefore stated.
“Sec. 4387 [U. S. Comp. St. 1901, p. 2996]. Animals so unloaded shall be properly fed and watered during such rest by the owner or person having the custody thereof, or in*824 case of his default in so doing, then by the railroad company or owners or masters of the boats or vessels transporting the same, at the expense of the owner or person in custody thereof; and such company, .owners or masters •shall in such cases have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals.
“Sec. 4888 [U. S. Comp. St. 1901, p. 2996], Any company, owner or custodian of such animals who knowingly and' willingly fails to comply with the provisions of the two preceding sections, shall for every such failure, be liable for and forfeit and pay a penalty of not less than one hundred nor more than five hundred dollars. But when animals are carried in cars, boats or other vessels in which they can and do have proper food, water, space and opportunity for rest, the provisions in regard to their being unloaded shall not apply.
“Sec. 4389 [U. S. Comp. St. 1901, p. 2997]. The penalty created by the preceding sections shall be recovered by civil action in the name of the United States, in the circuit or district court of the United States, holden within the district where the violation may have been committed, or the person or corporation resides or carries on its business; and it shall be the duty of the United States marshals, their deputies and subordinates to prosecute all violations which come to their notice or knowledge.’ •
This prohibition against the confinement of stock transported for more than 28 consecutive hours without unloading for food and water and rest, and prescribing a penalty therefor, and for the recovery of damages, was intended to prevent cruelty to animals in interstate commerce, as well as danger to the public from diseases in animals which are to be used for food. See Brockway v. The American
Whilst we entertain no doubt that a civil action for damages for injuries resulting from a violation of the federal statute by a railroad can be maintained in a State court, plaintiffs have not sought to do so in this proceeding. On the contrary, they admit in their petition that , they consented to a 32-hour run from Omaha to Decatur without stopping for water or food. And the statute is only considered in this proceeding as evidence upon the question oifi defendant’s negligence in keeping the horses in transit for 46 hours between Omaha and Decatur, and 30 hours between Decatur and Henderson) and in failing to provide suitable and convenient facilities for feeding and watering them while at Decatur. There, is no conflict in the proof that the horses were in good condition when they started from Omaha, or that they were in vqry bad condition when they arrived at Henderson; and that this was due to appellant’s negligence is clear. The jury, under our system, are the sole judges of the weight and credibility of the testimony. Our duty is performed when we see that there is sufficient evidence to support their finding. We do not feel that we would be justified in disturbing the verdict ■on the ground that it was not supported by the proof, and appellant has failed to point out any error in the instructions in the case. In fact, they seem to state the law as favorably to appellant as the facts warrant.
Judgment affirmed.