133 Ky. 786 | Ky. Ct. App. | 1909
Opinion of the court by
Affirming. •
On the subject of the common law duty of the carrier of live stock, it is said in 5 Am. & Eng. Encyc. of Law (2d Ed.) p. 436: “In the absence of special provisions in the contract of shipment, the carrier is bound to feed and water live stock being transported by it at proper intervals along the route, and it will be liable for a loss or injury occurring to the stock on account of its failure to do so. If it is necessary to unload them in order to feed and water them, the carrier must do so, and must have suitable and safe facilities therefor.” To the same effect is 2 Hutchinson on Carriers (3d Ed.) Sec. 634; 4 Elliott on Railroads (2d Ed.) Sec. 1553; Moore on Carriers, p. 504. The rule is that when live stock is delivered: rt, a railroad corporation for transportation, its liability commences when the stock is delivered to it at its stock
The appellant as another ground for reversal insists that the court erred in admitting testimony as to the cost of the horses in Idaho and the expense of the plaintiffs in purchasing them. We would be inclined to agree with appellant that this evidence was not only incompetent, but. prejudicial to its interest; but, unfortunately for its position, the greater part of the evidence it complains of as incompetent was brought out on the redirect examination of the plain tiffs in response to, or to make plainer the evidence that had been developed on the cross-examination by counsel for appellant. The plaintiffs were asked on cross-examination what they paid for the horses in Idaho, and what their expenses amounted to, what they paid at hotels, their buggy hire, etc., and we think, therefore, that appellant has no right to complain that on the redirect examination plaintiffs’ counsel made more specific the testimony which was really commenced in the cross-examination. Perhaps there were one or two questions and answers that, strictly speaking, might not come under this rule;
Upon the whole case, we are of opinion that the appellant received a fair trial at the hands of the court, and that there were no errors committed adversely to its interests, or of which it has a right to complain.
Judgment affirmed.