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

The opinion of the court was delivered by

Marshall, J.:

This is an action for damages for personal, injury to a shipper of live stock. Judgment was rendered in favor of the defendant on a demurrer to the evidence. The plaintiff appeals.

The plaintiff, as caretaker, was accompanying a car of milch cows shipped by him from Beloit to Garden City. The shipment was made under a shipper’s contract. While the car was standing alone on the defendant’s sidetrack at Strong City, the plaintiff, to enable him to ascertain the condition of the cows, climbed a ladder on the side of the car until his hand…