RECEIVING ; LOADING ; UNLOADING ; DELIVERY. 487 



company that shall keep the animals in the cars for more than 

 twenty-eight consecutive hours without unloading them for 

 at least five hours for rest, food, etc., shall be liable to a pen- 

 alty, unless they are prevented by storm or other accidental 

 causes or unless the animals are carried in a car where they 

 can and do have opportunity to rest, etc. This statute 

 applies only to interstate shipments, not to shipments be- 

 tween two points in the same State.^** It applies where a 

 part of the time of confinement is outside of the State, and it 

 is immaterial that the owner is in charge of the stock. ^*^ The 

 carrier is liable not only for the statutory penalty but for 

 damages sustained by the owner of the animals.^*^ The re- 

 ceiver of a company, however, incurs no liability."^ An ac- 

 cident to a train due to negligence does not excuse non-com- 

 pliance with the statute.^** Nor does the fact that the stock- 

 yards were on fire when the train arrived :^*^ "other accidental 

 causes" means other unavoidable accidental causes and ex- 

 cludes the idea of negligence.^^" The statute was not, how- 

 ever, intended to fix the period during which the company 

 could without liability hold the cattle without unloading : the 

 question of negligence is still left as at the common law.^^^ 



'"U. S. V. E. Tenn., V. & G. R. Co., 13 Fed. Rep. 642. 



As to when a stock-yards company may be held to be engaged in inter- 

 state commerce and to be an illegal monopoly, see U. S. v. Hopkins, 

 82 Fed. Rep. 529. 



"° Hendrick v. Boston & A. R. Co., 170 Mass. 44, where it was also 

 held that the statute was not superseded by an order of the board of cattle 

 commissioners forbidding a railroad company's unloading any neat cattle 

 for any purpose whatever, except upon written permission from the board, 

 at any place except certain designated quarantine stations. 



"« Nashville, C. & St. L. R. Co. v. Heggie, 86 Ga. 210; Hale v. Mo. 

 Pac. R. Co., 36 Neb. 266. 



"' U. S. V. Harris, 85 Fed. Rep. 533- 



'"Newport News & M. Val. Co. v. U. S., 61 Fed. Rep. 488. And 

 Brockway v. Amer. Exp. Co., 168 Mass. 257. 



"» Nashville, C. & St. L. R. Co. v. Heggie, supra. 



"" Chesapeake & O. R. Co. v. Amer. Exch. Bank, 92 Va. 495. 



'"" Mo. Pac. R. Co. V. Ivy, 79 Tex. 444. And see Galveston, H. & ': . 

 A. R. Co. V. Warnken, 12 Tex. Civ. App. 645. 



