MODE OF TEANSPORTATION. 491 



nish "stable stock cars" : statutes of this kind are to be 

 strictly construed.^''® 



If a break in the floor of the car would naturally cause the 

 injuries, the carrier must show that they were not in fact so 

 caused.^'^'^ 



A shipper is not entitled to have his cattle carried in cars 

 of a special kind selected by him belonging to a third person 

 and superior to the ordinary cattle cars, by reason of the fact 

 that the carrier transports some cattle in other cars having 

 some of the improvements of the former, available to all 

 shippers equally, which are furnished by another party under 

 a special contract and unlike those that the shipper asks for, 

 can be used for carrying coal also. Such a refusal on the part 

 of the carrier is not an unjust discrimination^'^^ 



A contract for the shipment of cattle imphes that there 

 shall be sufflcient ventilation and, if insurance cannot be ef- 

 fected upon the cattle placed in the allotted space without ad- 

 ditional ventilation which the master refuses to provide, the 

 shipper is justified in declining to ship more cattle than can 

 be insured and the ship is liable for the failure to transport the 

 animals thus shut out.^^^ But the mere fact that a number 

 of cattle had died on a voyage from no apparent cause is not 

 sufficient proof of the want of ventilation, where inspectors 

 and experts had declared it to be sufficient and before and 

 after the voyage the vessel had carried cattle with little 

 mortality.^ ^^ 



A carrier is not responsible for cattle being injured by, or 

 dying from heat unless through its negligence or misfeas- 

 ance; ^^^ especially where the real cause of death is the want 



"° Austin & N. R. Co. v. Slator, 7 Tex. Civ. App. 344. 

 "' Ohio & M. R. Co. V. Tabor, 98 Ky. 503. 



™ Morris v. Del., L. & W. R. Co., 2 Interst. Com. Rep. (Co-op. ed.) 617. 

 "" The Alvah, 45 U. S. App. 210. But the fact that a single underwriter 

 refused is not sufficient proof of the insufficiency of ventilation : Ibid. 

 ''" The Mondego, 56 Fed. Rep. 268. 

 "' Maslin v. Bait. & O. R. Co., 14 W. Va. 180. 



