Mitchell v. . R. R.

The animals were transported by connecting lines from Nashville, Tenn., to New Bern, N.C. under a bill of lading limiting the common-law liability of common carriers, in consideration of reduced rates. In the transit one of the animals, a mule, died on the (237) cattle car of the defendant.

His Honor charged the jury that, notwithstanding the contract, the defendant was liable for the exercise of proper care in handling and transporting the stock over its line; that the burden was upon the plaintiff to show want of ordinary and proper care, and that upon the whole evidence there was no…