(Download) "Joseph A. Benoit v. Central Vermont" by Supreme Court of Vermont * eBook PDF Kindle ePub Free
eBook details
- Title: Joseph A. Benoit v. Central Vermont
- Author : Supreme Court of Vermont
- Release Date : January 02, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The plaintiff brought his writ in tort against the defendant, a common carrier, seeking to recover for injury to a shipment of twenty horses caused by ""shipping fever"". He alleged (1) diversion by the carrier from the original route and place of destination contracted for; (2) unnecessary delay in delivery; and (3) that the horses having become sick en route, the defendant failed to render them any medical attention. It was further alleged that the defendant was negligent in each of the three particulars specified, and that ""as a result of all of the foregoing acts of negligence"" the plaintiff was damaged. The defendant's answer was the general denial. Trial was by jury, resulting in a verdict and judgment for the plaintiff. The cause is here on bill of exceptions filed by both parties. The plaintiff's evidence fairly and reasonably showed the following facts. The shipment was made by the plaintiff from Sigourney, Iowa, in February, 1947. When loaded the horses were in apparent good health. A uniform live stock contract issued. Therein the shipment was consigned to the plaintiff at Richford, Vermont, over the route, Chicago, Wabash, Detroit and Canadian Pacific Railroad to destination. The contract contained this provision: ""No carrier is bound to transport said live stock by any particular train or vessel or in time for any particular market, or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said live stock by any carrier or route between the point of shipment and the point of destination."" The shipper did not accompany the shipment. It was diverted at Detroit not by the plaintiff and under circumstances not shown, and was delivered to the plaintiff by the defendant at Enosburg Falls, Vermont. The horses were in transit slightly over seven full days. The ordinary time for delivery from Sigourney over the route contracted for, Canadian Pacific Railway terminal carrier, is four or five days. Seven days is a normal transit interval from Sigourney to Enosburg Falls via Central Vermont Railway. Some of the horses were sick with shipping fever on arrival; two were very sick; six died from the illness from two to six days after arrival. Shipping fever is a highly communicable virus disease. The period of incubation is from five to ten days. When the symptoms develop, medical attention is advisable.