Nigh v. Chicago, Rock Island & Pacific Ry. Co.

— This is an action in damages to recover loss on a shipment of forty head of cattle shipped over defendant’s railroad from Spickard in Grundy County, Missouri, to the stockyards at Kansas City, Mo.

Defendant is a common carrier engaged, in part, in the operation of a line of railroad between the two points named, and doing a general freight and passenger business. Plaintiff is a farmer, stock raiser and feeder, living about five miles northwest of Spickard.

The record discloses that for some months prior to the date of shipment, plaintiff had kept and fed the cattle in question in a lot. of…