Union Pacific R. R. v. Pacific Market Co.
Wyoming Supreme Court
ERROR to the District Court, Albany County, IioN. V. J. Tidball, Judge. The court erred in receiving evidence as to the communication of notice to defendant of the infected condition of the pens, the point not being put in issue by the petition; instructions given the jury as to the measure of damages and as to the recovery of interest upon an unliquidated claim, were erroneous and the trial court erroneously instructed the jury as to the duty of defendant to give warning of…
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ERROR to the District Court, Albany County, IioN. V. J. Tidball, Judge. The court erred in receiving evidence as to the communication of notice to defendant of the infected condition of the pens, the point not being put in issue by the petition; instructions given the jury as to the measure of damages and as to the recovery of interest upon an unliquidated claim, were erroneous and the trial court erroneously instructed the jury as to the duty of defendant to give warning of the infection of the yards a point not in issue. The court erred in refusing defendants request for a directed verdict.…
1Opinion of the Court
Kimball, Justice.
Plaintiff’s sheep were loaded October 15, 1914, at Bitter Creek, Wyoming, for shipment to South Omaha, Nebraska, over defendant’s railroad. On the morning of that day it was discovered by the United States Bureau of Animal Industry that other sheep which had been loaded at the same station a few days before were infected with scabies, and as the same yards and pens had been used in loading the infected sheep and plaintiff’s sheep, it was considered that the latter had been exposed to the disease, and the Bureau required that they be dipped before going forward. .When notice…
2Cases cited20 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
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3Cited by1 opinion
- Louisville N. R. Co. v. PattonCourt of Appeals of Kentucky (pre-1976) · 1941