502 CAREIERS OF ANIMALS. 



traffic arrangements of the company whether published or 

 not. The reasonableness of such arrangements is not for the 

 jury.^*^ 



Where the shipper put the cattle into the stock pens pro- 

 vided by the company, expecting the cars at any hour and 

 there being no grass in the neighborhood and no other place 

 to keep the cattle in, and they were injured on account of the 

 lack of food and water in the pens, it was held that he was not 

 guilty of negligence contributing to the damage caused by 

 the delay in shipment.^" Where the animals are not shipped 

 at the proper time, the delay occasioned by the non-shipment 

 and the necessary expense of taking care of and feeding them 

 while waiting transportation were held to be the natural and 

 proximate consequences of the carrier's act, but not the loss 

 occasioned by death or shrinkage in weight of the animals 

 while so waiting, unless caused directly by the defendant's 

 act.2« 



The wreck of a train has been held to be a legal excuse for 

 a delay.^** But where the propeller shaft of a steamer broke 

 owing to weakness caused by long use, existing at the time 

 of sailing, this was held to be a breach of a warranty of sea- 

 worthiness, which was not included in an exception in the 

 bill of lading of perils of the sea and damage by delays and 

 defects of machinery, and the vessel was held liable for the 

 damage caused to the cattle by the increased length of the 

 voyage.^*® 



Where the shipment of live-stock is delayed by a wash-out 

 and the company has a way around the wash-out by the use 

 of which the delay would have been avoided, the company 



'"Tobin V. London & N. R. Co., [1895] 2 I. R. 22. 



""Internat. & G. N. R. Co. v. Ritchie (Tex. Civ. App.), 26 S. W. Rep. 

 840. 



^" Ballentine v. North Mo. R. Co., 40 Mo. 491. 

 See Gann v. Chic. Great Western R. Co., 72 Mo. App. 34. 



™ Newport News & M. V. R. Co. v. Mercer, 96 Ky. 475. 



"'The Caledonia, 50 Fed. Rep. 567, 43 id. 681, 157 U. S. 124. 



