v0782-605

p

IN 'I'm

United States Circuit Court of Appeals

for the Ninth Circuit

OREGON WASHINGTON RAILROAD -

NAVIGATION COMI'ANV a Cnvporu-

tion,

Phtintiff ill lurnr ' ^^ t,,-

No. Z2S/ .

vs. I

rXITHD STAT- OF AMERICA.

Defendant in Hrrar. '

Upon Writ of Error in the United States District Court of

Idaho. Northern Division.

BRIEF OF DEFENDANT IN ERROR

Defendant in Error, the United States answering tlie brief

of Plaintifi' in Error, finds that the issues are compassed to

two propositions, as follows :

1. Was it the duty of the railroad company to properly care

for the hogs on their arrival in Wallace. Idaho, on the evening

of March 7, 1912 before the 36-honr period expired, notwith-

standing the car was accompanied bv a caretaker who in-

formed the conductor of the train in which the car containing

the hogs was carried, that he would notify the consignee to

unload the stock, or did the duty devolve upon the railroad

company to unload for rest, water and feed upon the non-

compliance by the caretaker and consignees ?

---

archive.org Volume Name: govuscourtsca9briefs0782

Volume: http://archive.org/stream/govuscourtsca9briefs0782

Document Link: http://archive.org/stream/govuscourtsca9briefs0782#page/n604/mode/1up

Top Keywords (auto-generated):

stock, car, animals, water, railroad, hours, period, statute, ry, rest, owner, knowingly, wilfully, confined, carrier

Top Key Phrases (auto-generated):

wilfully fails, wilfully confined, rest water, railroad ., prevent cruelty, food water, continuous confinement, consecutive hours, confinement beyond, confined beyond, brothers consignees, z2s ., written retju, written request, word wiluilly

Document Status: UGLY