TWELFTH ANNUAL YEAR BOOK— PART IV 187 



The right of patrons from different markets to recover for loss by fire 

 from either tlie Stock Yards Company or tlie seller has never, to my 

 knowledge, been determined by the courts. 



The writer has, at numerous times in the last twenty-five years, un- 

 dertaken to have this question definitely settled in anticipation of the 

 loss, and I am still of the opinion that the responsibility should not only 

 be determined, but provided for as may be agreed upon, thereby elim- 

 inating the contention that would surely follow in the event of a large 

 loss by fire at these yards. 



On the questions especially of ownership of live stock which 

 has been consigned to a commission merchant, we quote the fol- 

 lowing letter from the tirm of Clay, Robinson & Company : 



While we are not aware that the question to which you refer has ever 

 been brought up in the courts or any decision rendered, clearly defining 

 the rights of the two parties, we may say that this firm recognizes the 

 right of any shipper consigning stock to them to demand the return of 

 such stock any time before it has been actually sold, provided, of course, 

 there is no lien against the shipment in question, and that any charges 

 for freight, yardage, feed or other expenses which have accrued will 

 have been paid or guaranteed. It is quite frequently the case that rail- 

 road agents make mistakes and that stock comes in here consigned to 

 another firm than the one for which it is intended. In all cases where 

 we receive stock not intended for us, it is cheerfully surrendered at the 

 request of the shipper. Again, stock is quite frequently sold after being 

 loaded and consigned, and as the buyer may desire another firm to handle 

 the stock, the same rule applies. If the shipper wires us for a release of 

 his stock in transit, we have no hesitancy in telegraphing such a release, 

 provided of course, we have no claim against the stock. The commission 

 man is merely the agent of the shipper, and as such he must respect the 

 rights of the shipper in his ov,-n stock. It frequently occurs that drafts 

 are drawn against shipments of live stock in transit. If the maker of 

 such draft desires to dispose of his stock en route, he could very easily ao 

 so, and if the railroad company released the stock of their own volition, 

 the only recourse the commission man would have would be upon viie 

 railroad company. Consequently, before the railroads will release stock 

 already consigned, the owner must obtain a release from the consignee. 

 To this extent the stock is the property of the consignee. 



While at all times recognizing the rights of the shipper to his stock, 

 it is not well for shippers to consign directly to themselves, as this 

 almost invariably means a delay in the delivery of the stock upon arrival; 

 and, again, where the stock is consigned direct to a commission firm, 

 the shipper is really protecting his interests, as, naturally, the firm is 

 in a better position to attend to the matter of a claim against the railroad 

 for any unnecessary delay in transit or for any loss or damage wuich 

 the stock may have sustained en route. 



