Page:Federal Reporter, 1st Series, Volume 4.djvu/185

 OBMSBÏ ». V. P. EY. eo. 171 �tîon as that. The clerk -would not know, nor would anybody, what is meant by saying "we sustain the demurrer toso muoh of the answer as sets up the special contract." �Thore are in the answer, however, some things which are in deniai of the complaint, as that there was any detention of the horses on the way; that the horses were of the value alleged; and there is a charge of newmatter*: that the horses were sick before they were taken upon the railroad at ail, and that they died in consequence of such siekness. AU that is properlyin answer to the complaint; and as to what is irrel- evant and has nothing to do with the matters alleged in the complaint, it the demurrer could be sustained upon that ground at ail, it would bave to point out by Une and word certain parts, so that we should know where we began and when we came to the end. �As to the last clause of the answer, whieh may be taken to be an independent answer in itself, that sets up a provision in the contract that for injuries to the animais shipped over the line of the road the owner should make a demand in writing of the agent of the company before removing thejn from the place of destination, or from the place of delivery. It may be that for some injuries this clause in the agreement would be effectuai; but here, according to the charge of the' complaintj the injury was illness of the animais, which could hardly be discovered untU they should be removed from the car ; and this clause in the contract would require the parties to hold them there at the depôt ground, I suppose, until they could aseertain whether they were in good condition or not. That would be very unreasonable irideed. As to such matters as are charged in the complaint — an illness occurring to ani- mais, the extent of which could not be known until they should be removed from the car, and probably not for some little time af ter their arrivai here — it may be said that this clause in the agreement is of no effect ; that the railroad com- pany could not make any such provision in respect to stock shipped over their line. The demurrer will be sustained to the last clause or paragraph, or whatever it may be called, of the answer, and overruled to the other. ����