518 CAREIEES OF ANIMALS. 



company that has reahzed a sum of money by the sale of 

 carcasses of pigs destroyed on a voyage is liable for money 

 had and received.^*^ And a shipper who has efifected such a 

 sale must be allowed a reasonable amount for his time and 

 trouble.^" 



Where cattle are permitted to escape during transporta- 

 tion, the cost of services and expenses in recapturing them 

 is recoverable as part of the damages.^*' 



Where the carrier refuses to accept or convey the stock, 

 the measure of damages is the difference between the market 

 value at their destination at the time when they should have 

 arrived there and their value at the same time at the place 

 of shipment, less the freight.^** In a case where the com- 

 pany's failure compelled the plaintifif to send his horses that 

 were not in good condition by road, it was held that the 

 measure of damages was the deterioration which the horses, 

 if they had been in ordinary condition, would have suffered 

 by the journey, and the time and labor expended on the 

 road.^*» 



Where there has been unreasonable delay, the measure of 

 damages is the difference between the market value of the 

 stock at the place of destination on the day on which they 

 should have arrived and on the day of their actual arrival, 

 with interest from the former time.^^" But evidence is not 



'" Hayes v. South Wales R. Co., g Ir. C. L. R. 474. 



"' Dean v. Chic. & N. R. Co., 43 Wis. 305. 



"' North Mo. R. Co. v. Akers, 4 Kan. 453. 



As to the liability of a company for damages done by a dog that es- 

 caped from the company's porter while it was being led to rejoin the train, 

 see Gray v. North British R. Co., 18 Rettie (Sc. Ct. Sess.) y6. 



^ Hutchinson Carriers § 774. 



This rule seems to have been wrongly applied in Gelvin v. Kan. City, 

 S. J. & C. B. R. Co., 21 Mo. App. 273, where the damages were really 

 caused by delay. 



'" Waller v. Midland Great West. R. Co., 4 L. R. Ir. 376. 



™ Hutchinson Carriers § 771; Hudson v. North. Pac. R. Co. 92 la. 231; 

 Gulf, C. & S. F. R. Co. V. McCarty, 82 Tex. 608; Tex. & P. R. Co. v. 

 Truesdell (Tex. Civ. App.), 51 S. W. Rep. 272; The Caledonia, 50 Fed. 



