DAMAGES. 517 



caused by their improper treatment by the carrier and any 

 extra expenses to which he is put in attending to them.^^^ 

 The reasonable expense of efforts to cure the animals is re- 

 coverable.^'''^ On the other hand, the fact that with reason- 

 able care on the part of the owner the damages could have 

 been mitigated by recuperation should be considered.^*" In 

 an action for injuries to a mare, causing the death of a colt, 

 evidence of the value of the colt, had it been born uninjured, 

 is inadmissible as speculative.^*^ But the fact that mares 

 were with foal and thus predisposed to injury is to be con- 

 sidered in calculating the damages.^*^ 



Where an animal is lost, killed or rendered worthless its 

 value at the place of destination in the condition in which 

 it should have been delivered is recoverable, deducting in the 

 proper cases the value of the carcass, where that is appreci- 

 able.^** Where the carcass of an animal that had been ac- 

 cidentally killed on a voyage was not claimed by the shipper's 

 agent who was present at the arrival of the steamer, and the 

 company sold it to the best advantage, it was held that this 

 was not a wrongful conversion rendering the company liable 

 to the defendant on a counter-claim in trover.*** But a 



"" Gulf, C. & S. F. R. Co. V. Godair, 3 Tex. Civ. App. 514. 



'-''^ Galveston, H. & S. A. R. Co. v. Tuckett (Tex. Civ. App.), 25 S. W. 

 Rep, 670. 



"*" Houston & T. C. R. Co. v. Williams (Tex. Civ. App.), 31 S. W. Rep. 

 SS6. 



The fact that the consignee did not use ordinary care to avoid injury 

 caused by the defendant's negligence will not preclude the recovery of 

 damages actually occasioned by such negligence which could not have 

 been prevented by ordinary diligence on the plaintiff's part: Belcher v. 

 Mo., K. & T. R. Co. (Tex.), 50 S. W. Rep. 559- 



'" Tex. & Pac. R. Co. v. Randle (Tex. Civ. App.), 44 S. W. Rep. 603. 



""Gulf.W. T. & P. R. Co. V. Staton(Tex.Civ.App.),49 S.W. Rep. 277. 



""■^ Hutchinson Carriers § 769; Sturgeon v. St. Louis, K. C. & N. R. Co., 

 6s Mo. 569; Atchison, T. & S. F. R. Co. v. Grant, 6 Tex. Civ. App, 674; 

 Tex. & Pac. R. Co. v. Sims (Tex. Civ. App.), 26 S. W. Rep. 634; Same 

 V. Klepper (Tex. Civ. App.), 24 id. 567; Houston & T. C. R. Co. v. Wil- 

 liams (Tex. Civ. App.), 31 id. 556- 



'" London & North- Western R. Co. v. Hughes, 26 L, R. Ir. 165. 



