520 CARRIERS OP ANIMALS. 



after knowing of the delay in the time of sailing of a vessel, 

 the cattle could have been sold without loss.^" The fact 

 that a part of the stock brought more at the destination on 

 account of the delay should be considered in reduction of the 

 loss sustained on the others.^^* 



The shipper cannot ordinarily recover for a loss of profits 

 unless he has informed the carrier of the intended use to 

 which the stock is to be put. Thus, where one failed to give 

 notice of an outstanding contract by which his jack was to 

 have been put to mares, he could not recover for his loss sus- 

 tained by his inability to carry it out.^'^® So, where the ani- 

 mals are to be sold to a third person under contract, special 

 damages cannot be recovered of the carrier unless he has 

 been informed of the fact or of the importance of their reach- 

 ing their destination in time.^"" But where the carrier has 

 notice that dogs are shipped to a dog-show and, by reason of 

 the delay, they arrive too late to compete, the shipper may re- 

 cover his anticipated profits.^®' 



The measure of damages for the loss of a horse is his 

 market value in cash, and not what the owner might have 

 made by using him as a racer on the track. -'^^ But evidence 

 is admissible of the value of a trotting mare before and after 

 the injury and also of her speed.^^° 



Pac. R. Co. V. Paine, i Tex. Civ. App. 621 ; Louisv. & N. R. Co. v. Rob- 

 inson (Ky.), 36 S. W. Rep. 6. 



'"" Goldsmith v. Tower Hill Steamship Co., 37 Fed. Rep. 806. 



""'Gulf, C. & S. F. R. Co. V. Hughes (Tex. Civ. App.), 31 S. W. Rep. 

 411. 



Cf. the dictum in Vaughn v. Wabash R. Co., 62 Mo. App. 461, cited 

 supra. 



'"'' Chic, B. & Q. R. Co. V. Hale, 83 111. 360. 



'"° Gulf, C. & S. F. R. Co. V. Cole, 4 Tex. App. (Civ. Cas.) 97. And see 

 Hamilton v. West. N. C. R. Co., 96 N. C. 398; Gulf, C. & S. F. R. Co. 

 V. Martin (Tex. Civ. App.), 28 S. W. Rep. 576; Tex. & Pac. R. Co. v. 

 Randle (Tex. Civ. App.), 44 id. 603. 



'" Kennedy v. Amer. Exp. Co., 22 Ont. App. 278. See Welch v. Great 

 Western R. Co., 106 L. T. 218. 



""- Ormsby v. Un. Pac. R. Co., 2 McCrary C. Ct. (U. S.) 48. 



"■' Reed v. Rome, W. & O. R. Co., 48 Hun (N. Y.) 231. 



