Rudy v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Plaintiff seeks reinstatement of the verdict and argues that it may be supported by any one of three propositions: (1) Proof of the first carrier’s receipt of the animals in good condition and delivery by defendant in diseased condition established negligence unless defendant proved absence of negligence; (2) the evidence was such as to permit the jury to find, upon balancing the probabilities, that the plaintiff’s cattle contracted their disease from bacteria in the cars left there by diseased cattle previously transported; (3) defendant’s failure to produce records showing names of previous…