Caston v. Schaff

The opinion of the court was delivered by

DAWSON, J.:

The plaintiff sued the defendant for damages to.a carload of horses and mules (5 horses and 16 mules) shipped from Fort Scott to Beaumont, Tex., over defendant’s railway and connections.

The animals were- loaded at Fort Scott, about 4:30 p. m., on March 2, 1916, and were to go out on a train due to arrive at *4884:50 p. m., and to depart about 5 p. m.; but for various reasons the train did not arrive, and the car did not move out of Fort Scott until the following day about 8:15 a. m.

The afternoon when the animals were loaded was misty and stormy,…