William R. Day

“ Catesby Woodford and John T. Ireland, defendants in error, plaintiffs below, brought suit in the Fayette circuit court, of Kentucky, against the Louisville & Nashville Railroad Company, plaintiff in error, defendant below, to recover damages for the loss of a number of race horses and injury to others shipped by them on November 17, 1910, over the lines of the defendant from Lexington, Kentucky, to Juarez, Mexico. ”

“ One of the instructions requested by the defendant was to the effect that, if the jury found for the plaintiffs, they should fix the damages at the fair market value of the horses killed, and the difference in value before and after the injury of the other horses. After verdict and judgment for plaintiffs, the defendant filed its motion and grounds, and additional grounds, for a new trial, none of which, however, were based upon the provisions of the contract of shipment or any act of Congress. ”

“ Bank v. Bollong, 150 U.S. 85, 37 L. ed. 1008, 14 Sup. Ct. Rep. 24; Erie R. Co. v. Purdy, 185 U.S. 148, 46 L. ed. 847, 22 Sup. Ct. Rep. 605; Layton v. Missouri, 187 U.S. 356, 47 L. ed. 214, 23 Sup. Ct. ”