St. Louis, I. M. & S. Ry. Co. v. Law
| Decision Date | 19 May 1900 |
| Citation | 57 S.W. 258 |
| Parties | ST. LOUIS, I. M. & S. RY. CO. v. LAW. |
| Court | Arkansas Supreme Court |
Appeal from circuit court, Drew county; Marcus L. Hawkins, Judge.
Action by John C. Law against the St. Louis, Iron Mountain & Southern Railway Company for damages to live stock. From a judgment in favor of plaintiff, defendant appeals. Reversed.
Dodge & Johnson, for appellant. R. E. Craig, W. S. T. Fanar, L. McCain, and Wells & Williamson, for appellee.
John C. Law sued the St. Louis, Iron Mountain & Southern Railway Company for damages which were caused by the escape of his cattle from the stock pens of the defendant, in which they had been placed for shipment, and by the failure to ship them within a reasonable time after they were ready and waiting for transportation. He alleged in his complaint that he notified the defendant's agent that he would have 340 head of cattle at Portland, on the line of its railway, in this state, on the 23d of November, 1897, ready for shipment, and that he was informed that the cars would be ready to receive them on the 24th of the same month; that he arrived at Portland with his cattle on the 23d of November, and placed a part of them in the defendant's stock pen; that on the night following the cattle in the pen broke through a defective gate and made their escape; that 112 of them were recovered, at an expense of $71.10 to him; and that 28 could not be found, and were lost. He further alleged that the cattle were detained at Portland needlessly and negligently from the 23d to the 25th of November, when they were shipped; that while the 112 were in the stock pens they were not fed or watered, but were "starved" by the defendant for a period of 60 hours; that they became emaciated, hungry, and restless, to the plaintiff's damage in the sum of $336; that the 28 which were lost were worth $700; that he was further damaged in the sum of $309 by reason of the defendant's failure to ship the remaining 206 head in a reasonable time, and to water and feed them while awaiting shipment. And he asked for judgment for $1,416.10, the total amount of his damage. The defendant answered, and denied each allegation in the complaint, and set up many defenses. The jury in the case, after hearing the evidence returned a verdict in favor of the plaintiff for $600. The court rendered judgment accordingly, and the defendant appealed.
The evidence that was adduced in the trial tended to prove, substantially, the following facts: On the 15th or 16th of November, 1897, Law, the plaintiff, applied to the defendant's agent at Portland for 10 cars, for the purpose of shipping 340 or 350 head of cattle to St. Louis and Little Rock, and the agent promised that he would try to procure the cars for him. Plaintiff then returned to his home, at Hamburg, in this state, where his cattle were. While there he was informed by the agent, through a telegram, that the cars would not be ready until the 23d of November. He drove his cattle to Portland; reaching there on the 23d, — the day designated. On arrival there he placed 4 car loads of them, which he expected to ship to St. Louis, in Cammack's lot, which adjoined the defendant's stock pens. The remainder of the cattle (6 car loads) he herded in an old field about a mile and a half from town. The next day (the 24th of November) the agent informed him that he would get his cattle off about 3 o'clock in the afternoon. He then took the 4 car loads of cattle out of Cammack's lot, and put them in the defendant's stock pens. The gate to the pens was an old one. It sagged down and dragged on the ground. It had settled so (as plaintiff testified) "that you could not fasten it good." It had a sliding latch, which fitted in a notch in a post; and it could be fastened by slipping the latch into the notch, or on the inside of the post. He pushed the gate to, and as it sagged he made no effort to raise it in order to shove the latch into the notch, but slid the latch on the inside of the post. On account of the crowded condition of the pens the latch was subject to be pushed back, and the gate opened, by the cattle rubbing and pressing against it. But he made no effort to prevent this, but slid the latch on the inside of the post, and left it in that condition. On the next succeeding night, about 8 o'clock, the cattle pushed open the gate and escaped. All of the cattle except 25 were recovered, at a cost of $71.10. Twenty-eight were at first lost, but 3 of them were afterwards found. The 25 which were never recovered were worth $625.
One hundred and thirty-eight head of the cattle were shipped from Portland on the 25th of November, 1897, and 206 were shipped on the 28th of the same month. While they were at Portland, awaiting shipment, the weather was bad, and mud abounded everywhere. They were compelled to stand in the mud. It was difficult to obtain feed for them. A few cotton seed were obtained, but there were no troughs and no place suitable for feeding; and the seed were thrown in piles on the ground, and a good part of them were lost in the mud, and they did but little good. The consequence was, the cattle suffered with hunger and lost much in flesh, and it became necessary to feed them for some time before they were ready for market. The delay in the shipment was caused by the great demand for cars on the defendant's road, which exceeded reasonable anticipation. The defendant was unable to supply the demand of shippers.
The plaintiff claims that he was damaged in the manner aforesaid as follows:
First. He claims he was damaged by reason of loss of 28 head of cattle, caused by their escaping from a defective and insecure pen, $700.
Second. To amount paid out for...
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