Southern Pac. Co. v. H. Moffat Co.

Appellant is a common carrier operating railroad lines and as such is engaged in interstate commerce. Appellees are engaged in the meat packing business, and from the 1st day of August, 1938, to and including the 2nd day of October, 1940, shipped livestock over the railroad lines operated by appellant. In order to comply with the requirements of 45 U.S.C.A. §§ 71 , 72, 1 known as the 28-hour law, and at the *878 request of appellees, the appellant caused certain of the livestock shipped over its lines by appellees to be unloaded at yards constructed, for that purpose at Sparks, Nevada, for rest, water and feed.

•The yards at Sparks, Nevada, were being operated by an independent company known as the Western Livestock Service Company (hereafter called Livestock Company), under lease from appellant. The said livestock were rested, watered and fed, as requested, and reloaded on the railroad cars by the said Livestock Company, who, thereafter, submitted to appellant its bill for the services rendered, which appellant paid.

■The charges made by the said Livestock Company were at the rate of $26 per ton for hay furnished and $1 service charge per single deck car during a portion of the…