68 Ind. App. 93 | Ind. Ct. App. | 1918
This is an action by appellant to recover damages for the breach of a written contract with appellee for the shipment of certain horses from Crown Point, Indiana, to 'Winamac, Indiana. The complaint is in two paragraphs, and in each paragraph the breach is based on an alleged unreasonable delay in shipment under such contract. Appellee filed an answer in two paragraphs, the first being a general denial and the second an affirmative paragraph, in which it alleges that the contract in suit contained the following provision:
“That in the event of any unusual delay or detention of said live stock, caused by the negligence of the said carrier, or their employees, or otherwise, the said shipper agrees to accept as full compensation for all loss or damage sustained thereby, the amount actually expended by said shipper, in the purchase of food and water for the said stock while so detained.”
That in consideration of such provision for limited .liability, appellant was given a reduced rate for such shipment, and that by reason of said provision of such contract appellant’s damages, if any, are limited as therein provided. To this affirmative paragraph of answer appellant filed a reply, the nature of which is not disclosed by the record, but appellant states in his brief that it was a general denial. On the issues thus formed the cause was. submitted to a jury for trial, and at the close of all the evidence the court instructed the jury to return a verdict for ap
We find no reversible error in the record. Judgment affirmed.
Note. — Reported in 120 N. E. 46. See under (8) 10 C. J. 309; (11) 38 Cyc 1570.