Giles v. Atchison, Topeka & Santa Fe Railway Co.

*323The opinion of the court was delivered by

Porter, J:

The railway company has appealed from a judgment in plaintiff’s favor for damages and attorney’s fees on account of shrinkage in weight in a shipment of live stock from Protection, Kan., to Wichita, Kan.

The petition alleged negligence on account of delay in transportation and delivery of the cattle at their destination by which the cattle “became jaded, gaunt and emaciated,” and “greatly disturbed” and “deprived of necessary rest”; that after being unloaded they “became restless and in unfit condition” and refused “to tak^the usual and…