v0796-639

Document Title Page

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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