Abell v. Missouri Pacific Railroad

The opinion of the court was delivered by

Mason, J.:

P. G. Abell shipped cattle from Ransom, Kan., to Kansas City, Mo., by the Missouri Pacific railroad. Eleven of them died in transit. He brought this action for their value against the railroad company and recovered a judgment, from which it appeals.

The defendant complains of the rejection of its offer to introduce in evidence the written contract under which the shipment was made and of an instruction that the burden was upon it to prove the cattle did not die as a result of its negligence. It contends that inasmuch as in accordance with the…