Baltimore & Ohio Railroad v. Whitehill

The appellee, John Whitehill, sued the appellant, the Baltimore and Ohio Railroad, a common carrier,to recover damages alleged to have been sustained by the plaintiff by reason of the defendant’s delay in the transportation and delivery of certain cattle of the plaintiff shipped over defendant’s road to the Union Stock Yards in Baltimore; to be sold at the cattle market held there.

The declaration contained five counts, of which the first alleged that on December 7th, 1903, about 10 o’clock A. M. plaintiff delivered to defendant twenty-six head of cattle at Barnesville, in Montgomery county,…