Illinois Central R. Co. v. Short
| Decision Date | 19 February 1917 |
| Court | Mississippi Supreme Court |
| Parties | ILLINOIS CENTRAL R. CO. v. SHORT |
October 1916
APPEAL from the circuit court of Lafayette county, HON. H. K. MAHON Judge.
Suit by Louis Short against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals.
The facts are fully stated in the opinion of the court.
Case reversed and remanded.
Mayes Wells, May & Sanders, for appellant.
L. C. Andrews. for appellee.
Louis Short sued the Illinois Central Railroad Company for damage to a lot of cattle, alleged to have been inflicted on them by keeping them penned up at Oxford, Miss., for about a day and a half because the railroad would not give a clear bill of lading, to which the plaintiff did not consent. It is also contended by the railroad company that the cattle were not properly loaded in conformity to the rules of the Interstate Commerce Commission, this being an interstate shipment. This contention, however, is disputed, and was for the jury to pass upon. The damage claimed was shown to be established by the testimony of Short on his estimate or guess as to the amount or loss of weight sustained by the cattle during this period of time. His estimate or guess was that the cattle would have weighed twenty-one thousand seven hundred pounds. They actually weighed, when sold, nineteen thousand one hundred pounds. In one of his answers to questions, he says:
He was asked:
Plaintiff does not show that he has had experience in weighing cattle before and after being penned, nor is there anything to show that his guess was based on experience tested by weighing cattle, nor was there any other legal method employed in proving this damage, if he was damaged at all by the delay and if the railroad company was liable for the damage at all. Nothing more than nominal damage is shown in this record, and the jury rendered a verdict for seventy-five dollars and twenty cents in favor of Short. There being no standard by which the jury could legally arrive at this result, the evidence is...
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