Oregon-Washington R. & Nav. Co. v. United States

This is an action under the 28-hour law to recover the penalty for confining a consignment of hogs carried in one car for a period exceeding 36 hours; a release having been signed by the shipper. The hogs were shipped, over the Northern Pacific Railway, at Stevensville, Mont., at 12:30 p. m., February 5, 1912, consigned to F. A. Stevens, Wallace, Idaho. The billing of the car was changed by the Northern Pacific agent at Wallace, by striking a line across the words “Wallace, Idaho,” and writing “Osborne, Idaho,” across the face of the waybill. The car arrived at Wallace some 24' hours' later. Concerning its arrival Mr. Bard, the agent of the defendant at Wallace, testified:

On cross-examination the witness further testified:

*343 After receipt of the car by'the defendant, it,remained in Wallace until the next morning, February 7th, when it was taken to Osborne, a distance of a few miles, and there unloaded at about the hour of 7 o’clock.

The defendant was denied, a nonsuit, and the cause went to the jury upon the testimony adduced. The court instructed the jury, among ■other things, as follows:

[1] Practically the sole question in the case is whether the evidence was sufficient…