Peery v. Norfolk & Western Railway Co.

The plaintiff sued defendant for the recovery of $3,000.00 damages for negligent injury to a race horse, in the course of an interstate shipment from Graham, Virginia, through Bluefield, West Virginia, to Galax, Virginia. The action was based on the contract of carriage, wherein the horse and four others were being transported under the same contract, known as the “uniform live stock contract,” prescribed by the Interstate Commerce Commission. The law required the company to use this form of contract for shipment of live stock, instead of the “uniform bill of lading.”

The contract provides for…