Reports of the Cases Decided in the Appellate Court of Indiana Volume 60
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... the demurrer to plaintifi's answer to defendant's counterclaim, was harmless, where the facts pleaded were in each case provable 1111der the general denial. p. 422. CAnRIsns.--Carriage of I/ive Stock.--Action.--Issues.--Instrucl1Ions.--In an action by a railroad company, which was the terminal carrier, to recover on a check given to it for the freight charges due on a shipment of horses, where defendant answered on the theory that plaintiff to the exclusion of the initial and connecting carriers negligently injured the horses in transporting them, whereby defendant suffered damages in excess of the amount of the check, an instruction stating that if defendant proved by a fair preponderance of the evidence "that the plaintiff or its connecting lines injured or damaged his horses more than the amount of such check," etc., was erroneous in that it predicated a defense in part on an injury that may have been inflicted by the other carriers, but the error was harmless in view of the fact that the evidence showed without contradiction that the horses were injured while in plaintiff's possession. pp. 423, 425. CAnnIEns.--Carriage of Live Stock.--Connecting Carriers.----N egligence.--Presumptions.--Where freight, including live stock, is received by the initial carrier in good condition, and is delivered by the terminal carrier in a damaged condition, the latter has the burden of showing that the freight was not injured while in its possession, and in the absence of such showing it will be presumed that the injury occurred on the line of the terminal carrier. p. 424. CAnnu;ns.--Carriage of Live Stock-.--Connecting Carriers.----Negligerwe.--Diab1Ility of Terminal Carrier.--'Where live stock was taken from the car of the initial...
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- 13 Sep 2013
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