Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-12-10
LAW COURT RULES
ON CASE OF HORSES
DYING IN TRANSIT

The law court Wednesday handed
down a rescript in the Aroostook
county case of Hopkins Brothers
Company VS.. the American Railway
Express Company, deciding that If
the plaintiff will remit the amount
of S165, from the verdict recovered,
the balance, $1,0S6.43 may stand,
otherwise, a new trial Is granted.
1.-The defendant, common carrier
of goods and chattels, for hire, by
it's written contract with the plaintiff,
on March 6, 1924, undertook and
agreed to transport 20 horses from
WATERFOWL, Mass, to Fort Fairfield,
Maine," says the rescript, which was
drawn by Associate Justice Charles
p. Barnes of Houlton.
1.-THE contract is in the form in
common use in the shipment OF live
stock, and for complete under
standing of the liabilities of the
parties thereto need not be set out in
full" continues the rescript.
"Under the contract, however, the
defendant agreed to furnish a suit
able car, and did furnish an express
car, sufficiently commodious, and of
such construction as to protect its
load from exposure so long as it was
kept closed. 1t stipulated nom
liability for damage to the horses
arising from any conduct or act OF
the animals to themselves, or to eac1
other-or arising from the condition
of the animals themselves, or which
results from their nature or pro-
pensities, from any cause whatever.
unless such delay, injury or loss shall
be caused by the Express Company
or by the negligence of its agent or
employees"
1.-THE car was transported with
reasonable dispatch, except for an
unavoidable delay at Northern
Maine Junction, in this State. to des-
tination, one horse, however, dying
before arrival at the Junction, from
causes attributable to what is term
ed in the contract his condition"
For the loss Of this horse the de-
PENDANT could not, under the con-
tract, be held liable.
After arrival at Fort Fairfield.
between dates March IS and March
%. six of the shipment of horses
died.
plaintiff claimed damages, to the
six horses. on the ground that they
died of pneumonia, following cold or
influenza caught or aggravated by
undue exposure resulting from negli-
gence of defendant, or its agents,
during the delay at Northern Maine
Junction: and the Express Company
defended, on the theory that the
first to die at Fort Fairfield was a
mare whose condition when found
in distress at the Junction was such
as to render her valueless, and with
out liability on it's part, and that the
other five died from the effect of dis
ease to which horses in shipment
are subject, called acclimating or
shipping disease. or from other
causes for which defendant is not
liable. m
Upon this issue the case was tried
and the result was verdict for the
plaintiff.
1.-THE case comes to this court up
on motion, and the question for de-
cision is whether the jury was justi-
fed in finding negligence on the part
of the defendant. and, If so, whether
or no the amount of the verdict is
excessive.
"The car was set for the Bangor &
Aroostook train, but it's conductor re-
fused to receive it in the condition
in which it was offered to him, and
his train pulled out on its way
northward, leaving the horses on the
track.
THE Jury found that defendant, or
its agents, were negligent in their
handling of horses and car during this