^04 CAHRIEES OF ANIMALS. 



The carrier is not, in general, obliged to furnish cars for 

 the transportation of live-stock on Sunday.^®'' But it has 

 been held error to charge that the defendant need not run a 

 train on Sunday.^^^ 



Where it is alleged that the delay was caused by the com- 

 pany's negligence without stating what that negligence was, 

 •evidence may be given of the bad condition of the track in 

 order to show negligencc^^s Declarations of trainmen as to 

 the cause of delay are admissible against the company. 



Where the carriage of cattle was prepaid but that fact was 

 not made known to the company's servants at the place of 

 •delivery and they refused to deliver for two days whereby a 

 •damage by exposure was caused, it was held that the refusal 

 to deliver did not come within the meaning of "detention," 

 the risk of which the shipper had assumed, and that the com- 

 pany was liable.^^^ A clause in a contract that no action for 

 delay in transportation should lie unless the citation was 

 served within forty days was held void as against public 

 pohcy.^^^ 



A carrier does not insure against an irresistible act of na- 

 ture and hence is not liable for the death of an animal caused 

 "by extraordinarily bad weather.^^^ So, a snow-storm of such 

 violence as to prevent the moving of trains is an act of God 

 for which the carrier is not liable.^^* But where a heavy 

 snow-storm stopped the train and the cattle were put into 

 cattle sheds and injured by exposure, although the company 

 had substantially-built horse stables which could have been 



'^' Guinn v. Wabash, St. L. & P. R. Co., 20 Mo. App. 453. And see 

 Waters v. Richm. & D. R. Co., 108 N. C. 349. 



'" Belcher v. Mo., K. & T. R. Co. (Tex.), 50 S. W. Rep. 559. 



"" St. Louis, A. & T. R. Co. v. Turner, i Tex. Civ. App. 625. 



'" Atchison, T. & S. F. R. Co. v. Consold. Cattle Co. (Kan.), 52 Pac. 

 Rep. 71. 



"^ Gordon v. Great Western R. Co., 8 Q. B. D, 44, 



'" Gulf, C. & S. F. R. Co. V. Hume, 87 Tex. 211. 



™ Nugent V. Smith, i C. P. D. 423. 



="" Black V. Chic, B. & Q. R. Co., 30 Neb. 197. 



