McElwain v. Union Pacific Railroad

Plaintiff recovered judgment for damages caused by delay in the transportation of live stock, and defendant appeals.

Defendant contends that the' instructions ignore the following provision of the bill of lading: “The said ship*485per further agrees that, as a condition precedent to his right to recover any damages for loss of, or injury to, any of said stock, he will give notice in writing of his claim therefor to some officer of said carriers, or to their nearest station agent, before said stock has been removed from said place of destination, and before such stock has been mingled with other…