Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-11-22
A TtST CASE.
Brought by Fergus County Shippers Against
the Great Northern R. R. Co.
fGreat Falls Tribune.l

o'N
A suit Of vast Importance to all
who ship live stock yer the Great
Northern or railways In the state
was instituted In the district court
yesterday, John Mainland being
plaintiff and the Great Northern Rail-
way Co. defendant. The action Is
understood to be in the nature OF n
test case. instigated by many cattle
men OF northern Montana.
Plaintiff alleges that, on the 18th
day of October, 1898, the defendant
contracted to receive from plaintiff
and deliver at Chicago A head of beef
cattle, owned by plaintiff and George
A. Chichester, 591 head owned by j..
Grove, r. SHELTON, f. A. Hamilton,
P. Vann, J. Nathan, j. Burgess, j.
Woodhurst, V. Henderlider, G. Mol
lar, NJ. j. Nulliner, and p. j. O'Hara;
and SO head, owned by Henry Ship
man.
1t is further alleged that all these
owners have assigned their interests
in said cattle to plaintiff and he al
leges that the cattle were delivered,
at Great Falls, Fort Benton and
Arlington, at such a time that theJ
should have arrived at Chicago In
time for the early morning market
OF October Il; but that, prior to the
date OF shipment, q high trestle near
Minot had been blown down, and
the defendant had constructed n tenn
porary track beneath the site ofthat
trcstle, to pass over which trains
must go down a steep slope andthen
up a steep grade; it Is alleged that
said temporary track was negligently
constructed and unsafe. and that,
while the cattle were In transit, q
train was wrecked at that point, de-
laying traffic for 36 hours; plaintiff,
1t IL alleged, learned OF this wreck
while the cattle were at Williston
and he then telegraphed to defend
ants agents at ST. Paul and asked
them to have the cattle returned t.
Culberston, so miles west OF MinOt
in order that they might be unloaded
fed and watered, there being no facil
tiles for feeding or watering at any
other point west OF the wreck; that
the company refused to return said
cattle to Culbertson, and held then
at Williston for 80 hours.
1t is further alleged that the cattle
were kept for 10 hours, owe fouI
and one-half days, without being un,
loaded and without water, causing
them to shrink greatly AID resulting
in the death of two head; and that
they were further delayed ut Minot
for 30 hours, oil these delays result
ing In their not arriving ut Chicago
until October 20.
1t is alleged that between Octobe,
II, when they should have arrived
and October 20, when they did arrive
the market declined % cents per cwt
resulting in depreciation Of the cattle
to the extent Of S2,O9i.65 that, by
reason of the delay, thecattle became
SO rough, emaciated and shrunken il
appearance that they brought Y
cents per cwt. less than they would
have brought at the same time hat
they been in good condition, this de
probation amounting to $1,675,70
that, by reason Of the delay anC
maltreatment, the cattle shrank 10I
pounds per head; this depreciation
amounting to $4,000, 10.
1t is alleged that defendant was re
sponsible. by its negligence, for al
this depreciation; that it was full.
advised OF all the circumstances il
due time, and that plaintiff did no
contribute In any way to the de
probation OF the cattle.
The plaintiff asks for damages @
$6,67S.50, with interest ut s per cen
per annum from October 20, 1898.
George Fl. Stanton is attorney TO
plaintiff.