Melton

This is an appeal from a judgment for appellee on account of damage to sheep which appellee shipped over appellant’s railroad from Kevin, Montana, to- Wickes, in the same State, the shipment taking place entirely within Montana. Jurisdiction arose out of diversity of citizenship of the parties.

The court found that the appellee’s sheep’, consisting of ewes, lambs, and bucks, were delivered to the Railway Company, and loaded on its cars, in sound, healthy and good condition; that the shipment was not accompanied by appellee or any agent of appellee, and that before arrival at destina tion the sheep “became braised, injured, trampled, suffocated and said sheep lost the scent of each other, resulting in ewes and lambs being unable to- identify their own, and as a direct result” some died and others became sick.

The Montana law with respect to the liability of a carrier, such as the appellant here, is stated in § 8-812, Revised Codes of Montana, 1947, as follows: “Liability of inland carriers for loss. Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves…