Colglazier

By an Arizona statute (paragraph 3724, Rev. St. [Civ. Code 1913]) it is made “unlawful for any common carrier to receive any live stock for transportation until and unless the same shall have been inspected * * * and until such common carrier shall have been furnished with a certificate by a duly authorized inspector, showing that the health, brands and earmarks of such live stock have been duly inspected as required by law. Any common carrier, or any officer, agent or servant thereof, who shall violate the provisions of this section shall be deemed guilty of a misdemeanor,” etc.

In the nighttime on or about Pebruary 11, 1926, at a siding in Arizona known as Miramonte Station, where appellee, defendant below, maintained a yard for stock-loading purposes but no agent or station building, one Melvin Smith tendered to it for transportation to Los Angeles approximately 200 head of cattle, and furnished what appeared to be the requisite statutory certificates of inspection in regular form and purporting to bear the signature of one W. A. Glenn, who was the state officer duly authorized to make and certify such inspection. Defendant’s train conductors, not suspecting any irregularity,…