Berry v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
A live stock carrier must furnish a car reasonably safe and suitable, in view of the kind, character, and nature of the stock to be transported. A carrier cannot relieve itself of its failure to provide a suitable car by a stipulation in the bill of lading devolving upon the shipper the duty of selecting a suitable car.
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A live stock carrier must furnish a car reasonably safe and suitable, in view of the kind, character, and nature of the stock to be transported. A carrier cannot relieve itself of its failure to provide a suitable car by a stipulation in the bill of lading devolving upon the shipper the duty of selecting a suitable car. A request to charge that, if injury to horses was as likely to have been caused by their natural propensity to kick and fight as by negligence of the carrier, the shipper was not entitled to recover was properly refused, where under the evidence the shipper might have…
1Opinion of the CourtMcCOY, J.
The plaintiffs, who are purchasers and shippers of live stock, delivered to the defendant as a common carrier three car loads of horses to be transported by railroad to Chicago-, 111., and there delivered to J. S. Cooper, at the United States 'stockyards. Two car loads of said horses were -delivered to defendant at Tripp, S- D., January 4, 1907, and the o-ther car was delivered at Plankinton, S- D., on March 15th, the same year. The plaintiff claims that in the transportation and carriage of said horses the defendant 'so carelessly and negligently transported the same that h)' reason thereof…
2Cases cited3 opinions
- Harrison v. . GloverNew York Court of Appeals · 1878
- Betts v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Johnson-Brinkman Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1896
3Cited by3 opinions
- Louisville & Nashville Railroad v. SmithTennessee Supreme Court · 1910
- Jorgensen Farms, Inc. v. Country Pride Cooperative, Inc.South Dakota Supreme Court · 2012
- Englund v. BergSouth Dakota Supreme Court · 1945