418 IOWA DEPARTMENT OF AGRICULTURE 



There is one foundation principle on wliich damages are predicated 

 entitled to some damages simply because it is the result of an injury, 

 when it is a matter of contract — as to whether those damages were 

 within the minds of the parties or reasonably within their contemplation 

 when they entered into the contract. That can be applied to every con- 

 tract, ifou can conceive of innumerable cases where damage is caused 

 that the carrier could not have had in mind, and those damages are 

 regarded as speculative. As to proper claims for damage, I don't know 

 that it is very necessary for me to go into them in detail. I suppose the 

 two principle things are unreasonable delay and negligence in handling, 

 causing a loss in market. If there is any unreasonable delay in the 

 handling of cars, there is certain damages that may result there. It may 

 be necessary to hold the stock for a longer time than reasonable, and 

 there is an expense there on account of which the shipper is entitled to 

 recover. These things are matters mat apply to particular cases. 



I believe that covers practically the situation in general. Particular 

 cases are a matter for individual treatment, but if the liability is based 

 upon the carrier's negligence, it is a matter that should have prompt at- 

 tention, there should be a sufficient amount demanded, and in going over 

 the question every form of damage should be considered, every form of 

 injury that the shipper has suffered, and then those forms of injury 

 should be determined in the light of what was contemplated by the 

 parties when the contract was entered into. 



Mr. Eisele : In the case of cattle or hogs that are on the road 

 to market or bought in the country, and have been out the limit 

 of thirt3^-six hours, and been unloaded, I have paid bills of from 

 $2.50 to $10.00 a car, and all the information I could get out of it 

 was simply that it was for feed and water. My experience is 

 that once in a while they get water, but I have never had any 

 assurance that they had feed. I know I have found my cattle 

 when they did not get any feed, and I was still charged for it, 

 and had no way of running it down. There seems to be no law 

 along that subject. I can get them unloaded in the yards, and 

 they are fed so much hay, and charges made for it ; but when 

 they are unloaded at one of those side yards, you never can find 

 out anything, only that they have feed and water, and the bill 

 is just what they have a mind to put in. 



Mr. Mitchell : It would seem to me that that is liable to be a 

 question of fact. I don't know whether there have been any stat- 

 utes enacted attempting to roach it, but it is a question whether 

 that can be proved. The individual shipper would no doubt 

 find that it would cost him a great deal more to test it than to pay 

 the charges, and that is where the carrier has the advantage. 

 There is no question as to the possibility of abuse, but whoever 



