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

The opinion of the court was delivered by

Smith, J.:

The appellee shipped 181 head of cattle under the usual written contract, prepared by the railroad company, from its station at Richmond, Kan., to the stockyards on the line between Kansas City, Kan., and Kansas City, Mo.

*465In the petition it was alleged that it was the duty of the appellant to ship such cattle at a reasonable rate of speed and at not less than fifteen miles per hour, and that- it failed so to do; that if the shipment had been made at that rate of speed the cattle would have arrived at the stockyards about seven o’clock on the…