Metz v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Smith, J.:

This is an action to recover damages for injuries received by a stallion in an interstate shipment on appellant’s railroad from Burr Oak, 111., to Abilene, Kan. No member of the appellee firm was present at the place of shipment, but the horse, with three others, was in the charge of one Sackett, who signed the contract of shipment as agent of appellee and acted as caretaker of the • horses from Burr Oak to Abilene. That the horse was injured by the negligent operation of the train by appellant’s employees is not controverted, neither is the…