Davis v. Dawkins

The suit was for injury to stock being transported by a common carrier; and error is assigned of the failure to give the general affirmative charge requested in writing by defendant. To the complaint, in Code form, the defendant replied by the general issue and special plea as follows:

“That, if the mule was injured as the result of any defect in the car in which it was transported, that the defendant is not liable for said injury for that, in the contract of shipment under which the said mule was shipped, in consideration of the reduced rates of freight or special rate of freight, it was…