Southern Pac. Co. v. Arnett
Court of Appeals for the Eighth Circuit
Iii Error to the Circuit Court of the United States for the District of Utah. A. H. Arnett and J. C. Easton, the defendants in error, brought this action against the Southern Pacific Company, the plaintiff in error, to recover damages for injuries said, to have been sustained by certain cattle belonging to them, while they were being transported by the defendant company over its railroad from Caliente, in southern California, to Ogden, in th.e state of Utah.
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Iii Error to the Circuit Court of the United States for the District of Utah. A. H. Arnett and J. C. Easton, the defendants in error, brought this action against the Southern Pacific Company, the plaintiff in error, to recover damages for injuries said, to have been sustained by certain cattle belonging to them, while they were being transported by the defendant company over its railroad from Caliente, in southern California, to Ogden, in th.e state of Utah. The plaintiff's below avferred, in substance, that they delivered to the defendant company at Caliente 517 head of mixed cattle and 103…
1Opinion of the CourtThayer, Circuit Judge
P'rom the foregoing analysis of the pleadings, it appears that it stood confessed at the trial that the cattle in question were kept loaded on the cars in making the journey from Caliente, Cal., to Reno, Nev., considerably more than 28 hours, the limit prescribed by an act of congress for keeping stock confined in cars while in transit (Rev. St. § 4386); that there was considerable delay in starting the train from Reno after the cattle had beefi reloaded and made ready to start from that station; that they were kept on the cars continuously at least 36 hours while being transported from Reno…
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