Hylton v. Hines

The opinion of the court was delivered by

West, J.

The plaintiff shipped ninety-one head of cattle about April 1, 1918, from Duñlap, Kan., to Kansas City, Kan., over the defendant’s road. The contract of shipment contained a provision that, as a condition precedent to the right to recover for any loss or damages resulting from shrinkage in weight while the stock was in the possession of the carrier, the shipper should in writing give notice to the conductor in charge of the train or to the nearest freight agent before the car should leave the carriers’ lines and before the cattle should mingle…