Illinois Central R. R. v. Haynes
Illinois Central R. R. v. Haynes
Opinion of the Court
delivered the opinion of the court.
It is not entirely clear from the record whether the testimony of the witness Woods, as to the conversation at Durant, between him and the conductor of a different train from that on which the cattle were shipped, was permitted to go to the jury or not. If it did, it was error. It did not prove or tend to prove the issue joined between the parties. The objection to it should have been sustained.
The third instruction for appellee should not have been given. It is not true, as therein stated, that a railroad company in the carriage of live stock “is required to use the safest and best approved motive power, with the best appliances in used’ In these respects the shipper cannot demand more than suitable, safe, and sufficient cars, motive power, and appliances. 2 Rorer on Railroads 1301; Peters v. N. O., J. & G. N. R. R. Co., 16 La. 222; N. & J. R. R. Co. v. McNeil, 61 Miss. 434.
Reversed.
Reference
- Full Case Name
- Illinois Central R. R. Co. v. J. H. Haynes
- Status
- Published
- Syllabus
- 1. Evidence. Damage from delay of train. Declaration of conductor on another. train. Competency of. H. shipped a carload of cattle by the I. C. R. R. Co. from Kosciusko to New Orleans. The train was delayed by being overloaded aud having a broken engine, and during such delay W., who had cattle on the same train, applied to a conductor of another train on the same road, which was about to pass them at Durant, to take the oars containing his and H.’s cattle on to New Orleans. The conductor responded, “Damn you and your cattle; I am not going to take either.” In an action brought by H. against the railroad company for damages occasioned by the delay of the train transporting his cattle, W. was introduced as a witness for the plaintiff to prove the response above quoted. Held, that such testimony was irrelevant and inadmissible. 2. Railroad Comp ant. Carrying live stack. Character of, ears required. A railroad company in the carriage of live stock is not required to use the safest and best motive power, with the best appliances in use, but is only required to use such cars and motive power and appliances as are suitable, safe, and sufficient.