RECEIVING ; LOADING ; UNLOADING ; DELIVERY. 483 



a ciose box car instead of waiting for a day when a stock car 

 could have been had, cannot recover for resuhing injuries."® 



Where the company receives an overloaded car of animals, 

 it assumes the responsibility for the same."^ Thus, where a 

 connecting carrier receives cars overpacked with hogs its 

 duty is to demand that such manner of loading be changed 

 and new cars added, or to do so itself, and, if the hogs are 

 suffocated when they arrive at their destination, that carrier, 

 being the last one, is responsible therefor and the burden is 

 on it to show whether the suffocation was before or after it 

 had received the hogs.^^" 



A carrier under a contract that the animals are taken at 

 the owner's risk "during course of transportation, loading 

 and unloading" is bound to unload, though at the owner's 

 risk, irrespective of local usage or a general regulation of the 

 company requiring the consignee to unload.^ ^^ But where 

 the shipper assumed all the risks and was to load and unload 

 with the carrier's assistance and, a snow-storm occurring, the 

 cattle were in the cars for twenty-four hours in consequence 

 of the carrier's refusal to build a platform for unloading, so 

 that some of them were injured and died, it was held that the 

 carrier's duty was simply to transport reasonably, that the 

 clause as to unloading referred only to the end of the journey 

 and that the carrier was not obliged to unload before, it not 

 being burdened with the care of the animals during the 

 transit.^^^ Where the shipper asked to have the cattle placed 

 -where they might be unloaded on account of a flood and the 

 request was not granted, the question of neghgence was held 

 to be under the circumstances, for the jury.**^ Where the 

 plaintiffs had the right to have the car left at a station if the 



"' Hustcfti Bros. v. Wabash R. Co., 63 Mo. App. 671. 



"" Kinnick v. Chic, R. I. & P. R. Co., 69 la. 665. 



''" Paramore v. Western R. Co., 53 Ga. 383. 



'" Benson v. Gray, 154 Mass. 391. 



'^ Penn v. Buffalo & E. R. Co., 49 N. Y. 204. 



"' Bills V. N. Y. Cent. R. Co., 84 N. Y. S- 



