The Law of Animals : a Treatise On Property in Animals, Wild And Domestic And the Rights And Responsibilities Arising Therefrom

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Co. v. Strain, 81 111. 504.
"" Peters v. New Orleans, J. & G. N. R. Co., 16 La. Ann. 222.
MODE OF TRANSPORTATION. 489 liable for defects.^^* And where the owner selects the cars himself the carrier is not liable unless the defects are not ap- parent and not pointed out.^«" So, where he has assumed the duty of loading and has loaded the car without objecting that it was not bedded with straw or other material, he cannot hold the company for the consequences of this failure.^®!
Nor, under similar
... circumstances, can he testify that some other kind of car was better suited to the purpose.^ ^^ And where his agent, knowing of the defects, had tried to remedy them, refusing the offer of a better car at a higher rate, it was competent for the jury to find that the plaintiff had assumed the risks."^ In other cases a more rigid rule is laid down. Thus, it has been held that the fact that the shipper accepted a defective car knowingly does not exempt the carrier from liability un- less the shipper distinctly assumes the risk.^®* And the shipper is not estopped from complaining of an injury owing to the lack of trapdoors in the roof of a car, as required by statute, by the fact that he knew of the deficiency at the time of loading.^*^ And a stipulation in the bill of lading that the shipper has examined the car and accepted it as "suitable and sufficient" for the purposes of his shipment will not pro- tect the carrier from loss owing to defects,^®* though the bur- den will be on the shipper to disprove the truth of his recital.i"^ "" Great Western R.

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