Baltimore & Ohio Southwestern Railway Co. v. Ragsdale

Dissenting Opinion.

Ross, J.

The appellee, in bis complaint, seeks to recover damages from the appellant for a breach of its common law duty as ,a common carrier for hire, in the transportation of a horse.

Tbe appellant, in addition to an answer of general denial, filed a special answer as follows :

Tbe defendant further answering, and each paragraph thereof, says : Tbat on tbe 27th day of July, 1894, tbe plaintiff did ship by tbe defendant’s road three certain horses, from tbe station at Bedford, Indiana, to Osgood, Indiana, a station on defendant’s line in Ripley county, Indiana; tbat tbe…