Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-10-30
SHEEPMEN FILE
UNIQUE ACTION.
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Utah Men Charge Q. S. |. With
Violation of Live Stock Trans
portation Statutes.
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BIG DAMAGES ARE ASKED
Say Movement to Bancroft, Idaho,
Resulted in Death and Injury on
Account of Delay.

peculiar suit for damages was filed
against the Oregon Short Line Railroad
company in the United States court
yesterday, that IS, the suit was trans
ferred from the Third judiclA district
court to the federal courts. The plain
tiffs are sheapnlen Of Utah and they
ask for damages amounting to over
$1,000. Their Joint complaint contains
s rather unique charges. /. Il. Freeman,
a. b. Tucker. James H. Kirk and H.
II. Cook-the last two named CONSTITUTE
ing a firm of the name Kirk & Cook
are the plaintiffs and all file similar
charges of negligence on the part of the
railroad company In the transportation
of sheep. The charge. interpreted leg
Z ally Is that of a violation of the United
States statutes governing movement of
livestock. The title Of the action Is l.
u. Freeman VS.. the Oregon Short Line
Railroad. The transfer from the dis
trict to federal courts was made in
view of the fact that the cause of ac-
e ton alleged involves q violation Of the
United States statutes.
Freemans charges constitute the first
cause of aston. He explains that tho
railroad company had cars at Lakeside
station. Utah, to be loaded with con-
signment of sheep to be transported
Rheep-2712 head-were loaded by 0
X o'clock in the6norning. Tho consign--
ment arrived&at Bancroft about
o'clock the + swing evening, April 10.
II is allegetHhe sheep were kept in
the cars wit ut rest. food or drink for
more than ~ ours Che limit placed by
law) and as& result 200 sheep died and
others damaged The sheep which died
\ are held to have been worth $1,000 ut
least, and the damage to other sheep
and lambs amounted to Sl.350, making
the total damages asked $3.50. The
damage to other sheep Is explained
I In this manners: The sheep loaded on
the cars Is alleged to have created
condition. fatal to their lambs, and all
4 but fatal to all sheep as we'll. As 1t
was 1t is set forth 200 sheep died. 1t Is
explained unnecessary delay at Ogden
and Cache Junction aggravated mat
ters.
A. p. Trucker whose consignment
consisted of 2,172 head to be taken from
Lakeside to Bancroft, also. The same
!. conditions are narrated and the dam
age placed at $780,
The third cause of action, as set forth
lin the complaint. is similar aud COW
ers the death OF 1875 sheep and the dan1-
nge tpaotbers in the consignment Of
Kirk & Cook, shipped III the same
train With Freeman's and fuckers
Eerds. Kirk & Cook ask $3.50 dam
ages, Al
So Ifle lullTpatl company mas lileu an an
x sWer III. which 1t says the death Of and
damage TO the sheep were due to tho
direct actions of the owners them
I selvesin refusing TO let the movement
Nof3 tho train be interrupted long enough
to permit an inspection OF Its cargo by
IA United States inspector and the Idaho
laws prohibit the transportation of
f sheep into the state unless such inspec-
ton has been made The owners, ac-
cording to the railroad company's an-
/ swer, refused to have the sheep taken.
from the cars during delays forced by
the Idaho laws.
l There have been cases arising from
alleged violation OF the 2S-hour law in
the local federal courts before but this
action has new features and indications
point to widespread interest In the trial
and outcome.