102 Kan. 254 | Kan. | 1918
The opinion of the court was delivered by
The action was one for damages resulting from delay in the transportation of live stock. The plaintiff recovered and the defendant appeals.
The court instructed the jury that if, when the cattle were tendered for shipment, the defendant knew of conditions likely to cause delay in transportation, and the shipper did not, the defendant should have informed the shipper of the conditions, in order to excuse liability for delay which the conditions occasioned. The defendant complains of the instruction. It correctly stated the law (10 C. J. 290, § 412), and was appropriate to the issue raised by the testimony referred to.
The delay in transportation occasioned loss through shrinkage of the cattle before delivery at destination, and after delivery. Notice of loss was not given. The contract of shipment required notice of loss or injury during transportation or at loading or unloading places on the defendant’s road. The court instructed the jury that no damages could be allowed for loss occurring before delivery, but that notice of loss after transportation ended was not necessary. The defendant complains, of the latter part of the instruction. The instruction was based upon a proper interpretation of the contract, which concluded with delivery. Extra yardage and extra feed, necessary after transportation ended, belong in the same category with shrinkage of the cattle after transportation ended. Notice of loss of market was not required by the contract. ,
The judgment of the district court is affirmed.