Ott v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Burch, J.:

The action was one for damages resulting from delay in the transportation of live stock. The plaintiff recovered and the defendant appeals.

*255The plaintiff’s claim was stated in a bill of particulars filed with a justice of the peace. The defendant filed no pleadings. In the district court delay in transportation was proved by the plaintiff and admitted by one of the defendant’s chief witnesses. There was, in fact, no controversy over the subject, and the defendant merely undertook to excuse the delay. The excuse was, an act of God. The…