Missouri, Kansas & Texas Railway Co. v. Kirkham

The opinion of the court, was delivered by

Pollock, J.:

This is an action brought to recover from a railway company damages for the killing of nine calves, alleged to have been caused by negligence of the company in making a shipment of a car-load of seventy-two calves from the city of Chanute to the city of Burlington. On the day of the shipment, the calves were driven a distance of eleven or twelve miles *256over muddy roads, arriving in the city of Chanute about four p. m., were loaded in a car which left the city of Chanute on a special freight-train about five p. m., and arrived at the city of…