19 Colo. 225 | Colo. | 1893
delivered the opinion of the court.
The negligence complained of as having caused the injury to the horses in question consisted in the defendant furnishing an unsuitable car, as it is claimed, for the transportation of the horses. The particular defect in the car pointed out is that the slats upon the side of the car were too far apart, leaving the apertures- so large as to permit the horses’ feet to be protruded through the slats; that as a result of this defect the horses’ feet were protruded between the slats, and, being unable to withdraw them, they were, as a result, thrown down, and trampled upon by the others. The testimony tends to show that, in the manner indicated, four horses received fatal injuries, while others were badly disabled. The evidence further shows that the car was so unsuitable for the transportation of horses that it was side-tracked by the defendant
- A common carrier is bound to furnish suitable vehicles for the transportation of such freight as he undertakes to carry, and if he fails to do this, and injury results from such failure, he is liable. It has been said, however, that when the shipper assists in loading live stock of his own without objection to the car at the time, he cannot afterwards recover for an injury resulting from a defect in the car apparent to
It is contended that, under the written contract, defendant is expressty relieved from liability. Whether a common carrier can, by contract, provide against liability for his negligence, is a question that has occasioned much discussion. Whatever may be the result of judicial decision elsewhere,
Affirmed.