428 IOWA DEPARTMENT OF AGRICULTURE 



whether official Board of Trade, Grain Exchange, state or other properly 

 supervised unloading weight. 



"Rule 7 — Leakage or Danaage Record — If damage to or leakage of grain 

 is detected while in carrier's possession, the necessary repairs must be 

 made to prevent further loss or damage, and a complete record made 

 thereof. In case of a disputed claim, the records of both carrier and 

 claimant on said car shall be made available to both parties. 



"If shipper, consignee, owner or his or their representative should 

 discover leakage of grain from car, he must immediately report the facts 

 to carrier and afford reasonable opportunity for verification. 



"The result of hammer testing will not be accepted as prool of loss. 



"Rule 8 — Claims on Clear and Defective Record Cars (a) Clear Record 

 Cars — If, after thorough investigation by the carrier, no defect in equip- 

 ment or seal record is discovered, such record shall be considered to 

 show that the carrier has delivered all of the grain that was loaded into 

 the car. If evidence is produced by the claimant indicating a defective 

 record, such evidence shall be investigated and given due consideration. 



"(b) Defective Record Cars — Where investigation discloses defect in 

 equipment, seal or seal record, or a transfer in transit by the carrier of a 

 car of grain upon which there is a difference between the loading and un- 

 loading weights, and the shipper furnishes duly attested certificate show- 

 ing correctness of weights, and the carrier can find no defect in scale or 

 other facilities, and no error at points of origin or destination, then the 

 resulting claims will be adjusted subject to a deduction of one-eighth of 

 one per cent of the established loading weight as representing visible loss 

 and wastage. 



"Note — Transfer in transit, as referred to in Section (b) of this rule, is 

 a transfer for which the railroad is responsible, and not a transfer because 

 of a trade rule, governmental requirement, or because of orders of con- 

 signor, consignee, owner or their representative. 



"(c) Leaks over or through grain doors, and other leaks due to im- 

 proper coopering by shipper, shall not be considered defects for which the 

 carrier is responsible. 



"W. G. McAdoo, Director General of Railroads." 



You will have to prove a railroad negligent in order to recover a claim. 

 One of the fundamental principles of law is that you have to prove the 

 negligence of the bailee; but the courts have said that common carriers 

 occupy a different relation than the ordinary bailee to the bailor. The 

 shipper loses custody of his cattle or commodity; he can not follow it as 

 though it was stored locally. Therefore, the courts have said that it is not 

 necessary that the shipper prove negligence of the carrier, and all the 

 shipper has to prove is that he tendered the goods at the point of origin 

 and didn't get them at the point of destination. That principle is thor- 

 oughly established by scores of decisions. Nobody questions the validity 

 of that legal proposition, and yet here comes Mr. McAdoo, after the armis- 

 tice is signed, and solemnly declares they are not going to pay losses on 

 gr'ain unless the shipper proves negligence on the part of the carrier. I 

 claim that General Order No. 57 is illegal, and I do not think there is any 

 man who will question the soundness of my statement. 



