v0796-639
IN THR
United States Circuit Court of Appeals
for the Ninth Circuit
OREGON-W^/VSIIIXGTON RAILROAD &
NAVIGATIOV COMPANY, a Corpora- j
tion, /
Plaintijj hi iSrror Ko. 223cS.
vs.
UNITED bTAir.S OF AMERICA.
Defendant in Error.
Upon JJ'ril of I'.rror in ilic United States Pistricl Court ''j
Idaho, A' art hern Diiision.
BRIEF OF DEFENDANT IN ERROR
Defendant in Error, the United States, answering the Ijrief
of Plaintiff in Error, finds that the issnes are confined to the
single proposition as to whether or not the Conrt was justified
in submitting the case to the jury.
There appears to be no disputed questions of fact. The stock
in question was shipped from Stevensville, Montana, on Feb-
ruary 5, 1912, consigned to F. A. Stevens. The hogs were
loaded at 12:30 p. m. on said date and arrived at Wallace,
Idaho, at about 12 :30 p. m. on the 6th. At 1 :00 p. m. on the
6th the agent of the railroad company refused to accept the car
of hogs from the Northern Pacific for the rea:?on, as claimed
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