Allen v. Chicago, Burlington & Quincy Railway Co.

Root, C.

In December, 1905, plaintiff shipped over defendant’s railway a car-load of horses from Venango to York, Nebraska. In transit three of the animals were so injured as to cause their death, and the remaining 21 were, it is claimed, also damaged. Plaintiff recovered judgment for defendant’s alleged negligence, and defendant appeals.

1. Exception is taken to the instructions of the court that the alleged negligence of defendant in not properly bedding the car wherein the horses were shipped was an element in plaintiff’s cause of action. The horses were transported by virtue of a stock…