Anderson v. Railway Exp. Agency

FOSTER, Justice.

This is a suit by a shipper of bees for the death of a large number of them in an interstate shipment under a single contract. The suit was tried on a count in Code form on a bill of lading against a common carrier, Form 15, section 223, Title 7, Code, with the added allegation that defendant negligently allowed them to become chilled or otherwise injured, so that a large portion of them died, to plaintiff’s damage.

The evidence, as stated by the Coxirt of Appeals, showed the death of about eighty percent of them, which occurred in transit. There was no evidence that defendant…