DISEASED ANIMALS ; SALE. 343 



which was not the fact, and the horse while in the purchaser's 

 stables had contracted a contagious disease, of which he was 

 not aware, and the seller's horse caught this disease and died, 

 it was held that the seller could not recover for the loss of his 

 horses, there being no fraud and no evidence of warranty, but 

 each party was directed to bear his own costs, the case being- 

 a hard and exceptional one.^''^ In order to prevent the 

 spread of a contagious disease, it was held sufficient that the 

 plaintiff should use "reasonable diligence and care to obtain 

 and apply such remedies and relief as the experience and 

 knowledge of sheep men in that community afforded him." '■'^^ 



89. Diseased Animals; Transportation and Liability in General. 



— The liability of a railroad company for the consequences of 

 transporting animals affected with a contagious disease is the 

 same as that of an individual.^'^^ Thus it is liable where it 

 drives cattle on a public highway after receiving notice of 

 their diseased condition."" But where the owner drives the 

 cattle into another county such new transportation is an in- 

 dependent offense for which the railway company is not lia- 

 ble. ^^^ Where it is liable by statute for diseases communi- 

 cated to cattle "in the neighborhood or along the line" of 

 transportation, it was held not liable. where the diseased cattle 

 were sent by the consignee to the plaintiff's farm, two miles 

 from the railroad, under a contract with the plaintiff for pas- 

 turage, and his cattle there caught the disease."- The statu- 

 tory liability is not absolute : the injury is only a prima facie 



"' Wright V. Hetton Downs Co-op. Soc, i C. & E. 200. 



"' Sherrod v. Langdon, 21 la. 518. 



"' Chic. & Alton R. Co. v. Gasaway, 71 111. 570. 



As to what in England is "causing, directing or permitting the move- 

 ment" of diseased animals in contravention of local regulations, see Mid- 

 land R. Co. V. Freeman, 12 Q. B. D. 629; WilHams v. Gt. West. R. Co., 

 52 L. T. N. S. 250. 



"° Mo. Pac. R. Co. V. Finley, 38 Kan. 550. 



"' Surface v. Hannibal & St. J. R. Co., 60 Mo. 216; 63 id. 452. 



'" Coyle V. Chic. & A. R. Co., 27 Mo. App. S84. 



