Tribby v. Chicago & North Western Ry. Co.

Plaintiff brought this action to recover damages for breach of contract and injury in shipment of five carloads of horses and mules from Sturgis, S. D., to South Omaha, Neb. The complaint, in substance, alleges that the defendant, when it received the horses and mules for shipment, knew that the plaintiff intended to enter them at the regular auction sale to be held on the 30th day of September and the 1st day of October, 1929, at South Omaha; that the stock cars were ordered by the plaintiff with the intention of loading the animals for shipment on September 26, 1929; that by reason of…