KECEIVING ; LOADING ; UNLOADING ; DELIVEEY. 481 



that their pens for the shipment of cattle are so badly kept 

 as to make it contributory negligence for the shipper to use 

 them.-^"* Where sufficient stock pens are not provided for 

 loading the cattle within a reasonable time, the company are 

 liable for loss by shrinkage resulting therefrom.^*** Nor, 

 where pigs are injured in the company's pens by lime-wash 

 negligently put on the pens to disinfect them, is it any defence 

 that they were only carrying out statutory directions for the 

 prevention of disease. ^"^ 



A railway company is not justified in making the stock- 

 yards of a certain company its exclusive live-stock depot, 

 when access thereto must be purchased, there being other 

 stock-yards in the neighborhood where the public may be 

 suitably served at lower rates.^"® It may, however, by post- 

 ing schedules, as required by the interstate commerce law, 

 make a charge for freight to a city and a separate terminal 

 charge of a fixed sum per car for delivery at stock-yards off 

 its line.^**'^ It is not an unreasonable discrimination in favor 

 of shippers of dead freight for a company to refuse to build 

 a spur track for the shipment of live-stock as in the former 

 case, as the receipt of dead freight is less burdensome."* 



The carrier must provide a safe platform for unloading,i°® 

 and is liable for not furnishing the usual means.^" Thus, a 



"' Gulf, C. & S. F. R. Co. V. Trawick, 80 Tex. 270. 



'" Mo., K. & T. R. Co. V. Woods (Tex. Civ. App.), 31 S. W. Rep. 237. 



"» Shaw V. Great S. & W. R. Co., 8 L. R. Ir. 10. 



""Keith V. Ky. Cent. R. Co., i Interst. Com. Rep. (Co-op. ed.) 601. 

 And see Covington Stock- Yards Co. v. Keith, 139 U. S. 128. 



"" Walker v. Keenan, 73 Fed. Rep. 7SS> distinguishing Covington Stock- 

 Yards Co. V. Keith, supra. The business of a stock-yards company is 

 not "interstate commerce" and exempt from State regulation, though 

 the yards are located in two States: Cotting v. Kansas City Stock- Yards 

 Co., 79 Fed. Rep. 679. 



"" Butchers & D. Stock- Yards Co. v. Louisville & N. R. Co., 67 Fed. 

 Rep. 35- 



"' Owen V. Louisville & N. R. Co., 87 Ky. 626. 



"° Chesapeake & O. R. Co. v. Amer. Exch. Bank, 92 Va. 495- And see 

 Mexican Nat. R. Co. v. Savage (Tex. Civ. App.), 41 S. W. Rep. 663. 



Where horses are unloaded en route and escape from the pen in which 

 31 



