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

The opinion of the court was delivered by

Burch, J.:

The action was one for damages resulting from negligent delay in transporting cattle to market. The plaintiffs recovered, and the defendant appeals. Negligence was proved, and the only subject for consideration is damages.

The contract of shipment provided that the shipment was not to be made in any particular time, on any particular train, for any particular market, or otherwise than with reasonable dispatch. But for the defendant’s negligence, however, the cattle would have arrived at the Kansas City stockyards on Thursday morning, in time…