The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-03-20
AN IMPORTANT SUIT.
Delay In Furnishing Cars Leads To
Litigation In District Court.

Failure to furnish cars for q live
stock shipment upon the date promised
Is the basis upon which q suit has been
commenced ia the Chouteau county
district court by the Sun River Stock
and Land company, the defendants
being the Great Northern Railway
company and the Montana and Great
Northern Railway company. The
plaintiff, who is represented by Attor-
ney F. E. Stranahan, of this city, al
SO includes ia the suit a claim amount
ing to 1920. 81, assigned by Horace
Clark and George Milne, making a
total claim of 81, 997.S "a.
The complaint alleges that cars for
the shipment of about $500 mutton
sheep were promised TO be at Vaughn
on October II, 1906, on which date the
shipment was to be loaded, and con.
tinues as follows:
That pursuant of said agreement as
aforesaid this plaintiff moved its said
sheep to the said station of Vaughn
on said 18th day of October, 1906, and
held them there in readiness for said
shipment, and notified said defendant
of the arrival OF said sheep at said
point. aud offered said sheep to said
defend ants for said shipment as agreed
upon, but the said defend ants, in total
disregard of their duty as common
carriers and in breach of their agree.
mem and contract with plaintiff as
aforesaid. wilfully, carelessly. negli-
gently and without sufficient cause or
excuse therefor, failed and neglected
to furnish any of said cars except as
herein after stated; that after repeated
requests and demands made by plain.
tiff to defend ants to furnish said cars
and receive said sheep for t%ransporta.
ton as afores aid, the said defenda ants
again promised and agreed with this
| plaintiff to furnish said cars and re-
ceive said sheep for transportation at
said point on the 26th day of October,
1906, and this plaintiff relying upon
said promise, continued to hold said
sheep at said Vaughn, until the said
26th day of October, 1906, but tina,
said defendants, still disregarding
their duty as aforesaid, and their
agreement with this plaintiff, negli.
gently failed to furnish said ears or
any thereof, but in discrimination
against this plaintiff, furnished said
cars promised to this plaintiff az
aforesaid, to other shippers, and did
not furnish said cars to this plaintiff
until the 7th day of November, 1906, a,
which time the said sheep were re.
ceived and shipped by said defendant,
At said point. And plaintiff alleges
that during all Of said time between
the said 18th day of October, 1906, and
7th day of November, 1905, by reason
of the said promises Of said defend
ants as aforesaid, this plaintiff helG
said sheep at great expense to it, a
and near said Vaughn, in excess OF
what it should have borne in the sun
of $3.50.
Plaintiff further alleges that had
defend ants furnished said cars and
shipped said sheep as they promised
as aforesaid, the said sheep would
have reached said market in due sea.
son to have been worth at least fifty
cents per hundred weight more than
they were worth when they did reach
said market; that said sheep weighed
upon said market 81, 1897 pounds, and
plaintiff alleges that by reason of the
fall 10 said market while it was wait
ing for said cars as aforesaid, the
plaintiff was damaged in the sum OF
81, $50 SO, and all to plaintiffs dam.
age 81. 7Of 93.