Kissenger v. . Fitzgerald

The suit was to recover damages for injuries to a certain horse, owned by plaintiffs and shipped over defendant road in June, 1908, from Roper, N.C. to Norfolk, Va. There was evidence tending to show that the horse, a race horse and valuable animal, was shipped over defendant road at the time stated, and was greatly injured by reason of negligence on the part of the railroad company or its agents having charge of the shipment.

The judge, among other things, charged the jury as follows: "If you find that when the plaintiffs shipped the horse defendant's agent had known that the horse was a race…