Laridaen v. Railway Express Agency, Inc.

It appears from a careful examination of the record that there is nothing pointing to the cause of the dog’s condition when it arrived at Mauston except the statement of the Mauston veterinarian that it was his opinion that the dog must have received a blow. His testimony permits of no more than conjecture as to the cause. The record is in such state that neither the jury, the court, nor we may attribute the dog’s condition to any particular cause.

The common-law rule is that, in the absence of special contract, the liability of a common carrier for the loss or injury of property received by…