Crabill v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fourth Judicial District, for Lincoln County. Hon. H. F. Ensign, Judge. Action for damages for loss of livestock. Judgment for plaintiff. Defendant appeals.
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APPEAL from tbe District Court of tbe Fourth Judicial District, for Lincoln County. Hon. H. F. Ensign, Judge. Action for damages for loss of livestock. Judgment for plaintiff. Defendant appeals. An answer setting up that in consideration of a reduced freight rate the shipper and carrier entered into an agreement that the shipper should assume the duty to load, unload, reload, feed, water, tend and care for sheep at his own risk during the entire transportation states a lawful defense and is not subject to demurrer. (Webster v. Union Pac. R. Co., 200 Fed. 597.) Where the shipper assumes the…
1Opinion of the CourtDunn, J.
This action was brought by respondent to recover damages claimed to have resulted from the negligence of appellant in leaving open the gates of its feed lots in Shoshone, Idaho, and permitting sheep belonging to the respondent to escape from said lots and be lost. Appellant denied the acts of negligence charged by the respondent and by way of defense set up a contract between appellant and respondent containing this provision: “The shipper will, at his own risk and expense, load, unload, care for, feed and water the stock until delivery of same to consignee at destination, and will furnish to…
2Cases cited1 opinion
- Lane v. Oregon Short Line RailroadIdaho Supreme Court · 1921
3Cited by5 opinions
- Cooper v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927
- Servel v. CorbettIdaho Supreme Court · 1930
- Klose v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Rosendahl v. Lemhi Valley BankIdaho Supreme Court · 1926
- Bean v. KatsilometesIdaho Supreme Court · 1931