642 IOWA DEPARTMENT OP AGRICULTURE 



by any method whatever — even in consideration of granting a lower rate 

 to you on the shipment. It can not enforce a stipulation that it shall be 

 liable only if negligence is proved. All that must be done to make a 

 case of liability against the railroad is to show that the animals were 

 not delivered at destination in the same condition in which they were 

 accepted by the railroad. The burden of proving any loss is upon the 

 carrier. They are liable for what loss may result from decline in the 

 market during a delay. They are liable for any shrink during delay. 

 They are liable for any extra feeding charges incurred as the result of 

 the delay. They are likewise liable for any dead or crippled animals. 

 The only way they can escape liability in such a case is to show that the 

 loss resulted from fire, weather, an act of God, as a flood, or viciousness 

 of the animals. If they cannot crawl out from under liability under 

 one of these excuses, your claim Is valid. It is only a question of going 

 thru on it in the proper manner to attain results. 



Until recently, the railroads were declining claims upon which suit 

 was not brought within two years and one day. This was in accordance 

 with the stipulation in the live stock contract. If you have had claims 

 refused to you upon the ground that they were outlawed and no suit 

 brought within two years, I advise you to send them in to us as such a 

 practice on the part of the railroad has been held illegal and invalid. 



If you should order a double deck car, and two single deck cars are 

 furnished you, see that only the rate for one double deck car is charged 

 you, not the sum of the freight rates on two single deck cars. If you are 

 in doubt as to whether such an overcharge in freight has been made, send 

 the matter in to us for our advice. Remember that we are there in Chi- 

 cago waiting to serve you and that we are successful only as we attain 

 that end. Don't file a claim unless it is just and valid. Play square with 

 the railroad and by all of you joining together and working thru one or- 

 ganization, see that the railroad plays fair with you, and gives prompt and 

 reasonable settlements. As to your old claims on file, simply send us the 

 claim number and we will do the rest. As to your new claims, send us the 

 papers and we will make up the claim for you. 



Member : Is a man entitled to any damage where hogs die 

 from overheating? 



Mr. Coon : I would say that you have. Every claim is dif- 

 ferent from every other one. You cannot say, "Yes, you have a 

 good claim," without knowing all of the facts concerning it. If 

 there is a dead or crippled hog where the car isn't overloaded, 

 it is simply a question to determine whether its death is due to 

 the viciousness of another animal. They might say there is no 

 liability, but all you have to show is that the shipment was re- 

 ceived at destination in a different condition than that in which 

 it was accepted by them. They are liable in law until they can 

 show they are not liable. 



