The Dickinson press., 1906-04-28
INTERESTS sTockMEN.
Badger-Parkin Cattle Co. Of Mandan Sues NJ p
for Damages for Delay In Transit, Claiming
Train Was Not Run According to Law

An action of considerable interest to
stockmen of this state and others has
been instituted by the Badger-Parkln
Cattle Co. of Mandan, against the N. P.
r. r. Co.
The action was originally commenced
in the district court Of Morton county,
but the defendant r. R. Co. has trans
ferred the same to the federal court and
the complaint has been filed with the
clerk in Bismarck.
The damages alleged by the plaintiff
are claimed under chapter 144 of the
session laws of 1903, which is an act reg
ulating transportation of live stock and
makes it the duty of every railroad to
maintain within this state on all trains
transporting live stock an average min
imum speed of not less than 20 miles an
hour from the time such stock is loaded
into the cars until the train reaches its
destination, deducting only in the COM
putation of such, average rate of speed
: such reasonable time as any such live
stock may be necessarily delayed in un-
loading to feed, water and rest. The
statute further provides that every rail-
road company violating any of the pro-
visions of the act shall be liable to the
owner of the stock in the sum of FIVE
dollars per hour for each and every hour
any car is detained.
The complaint in this case is a very
voluminous one and recites twelve dis
tinct causes of action, all. however,based
upon the same alleged default of the N.
P. R. R. Co.
One of the counts alleges that on the
10th day of October, 1905, the cattle
company loaded at the Eland stock
yards in Stark county ~ cars of cattle,
consigned to Chicago, and that on the
same day at the hour of 2:3o o'clock, the
R. r. Co. accepted the cattle on its
tracks, the shipment containing 334
head, and the plaintiff cattle company
paid the charges for the shipment. The
cattle folks allege that from the stock
yards to the city of Fargo is distance
of 40 miles and that the r. R. Co. took
% hours and 90 minutes time immedi-
ately following the. loading of the cattle
to carry them to Fargo, instead of car
rying them in IS hours and 80 minutes,
which would be the time under the
speed prescribed by law. They further
allege that from the stock yards to
Fargo, the cattle were not unloaded and
no time was taken up by the R. r. Co.
in feeding or watering and the cattle
were not delayed on account Of the
wants of same or in connection with the
looking after or caring for them. ever the
line of the R. R. Co., and the failure to
haul them at the minimum statutory
speed of 20 miles an hour arose solely
out of the negligent management and
operation of the train. The cattle CON-
pany further allege that they are dam
aged in the sum of $40 for each and
every carload in this particular shipment.
The total judgment asked against the
railroad company is S2,43o.58.
Messrs. Biting & Connolly of Mandan
and F. H. Register Of bismarck appear
as attorneys for the cattle company, and
Ball, Watson & Maclay for the defend
ants
The outcome of the suit will be awaited
with great deal of interest by stock
owners of the state. This law was intro
duced in the legislature by Senator Mac
donald of Emmons county, himself a
heavy stock owner, and this action is the
first brought to test the same. If this
complaint can be sustained, it is under
stood very large amount of damages
will be demanded from all three of the
stock-carrying railroads of this state.
Unless taken to some other sub-divi-
sion by counsel, the trial of this matter
cannot be heard until next spring as the
regular term of the federal court for Bis
marck for the year 1906 has elapsed.