Kidwell

[1] (after stating the facts as above). The contract provided that unless “claims for loss, damage, or detention are presented within ten days from the date of the unloading *3 of paid stock at destination, and before said stock have been mingled with other stock, such claim shall be deemed to be waived, and the carriers and each thereof shall be discharged from liability.” The evidence as to the plaintiff’s compliance with this provision is that at Shoshone he told the agent there that lie w~as going to put in a claim for side-tracking the cattle and “handling them bad” from Huntington on; that when he got to American Ralls he told the local agent there would be a claim against the company for damages sustained and injury to the cattle; that when lie got to Laramie City he told the agent there that there would be a claim for damages on the Short .Line, and possibly some of it on the Union Pacific going to South Omaha; and that after the cattle were sold at South Omaha he talked with the agent there and told him the same thing, and that the agent .advised him to put in tlic claim at Portland. The claim was put in at Portland, hut it was after the expiration of ten days from the…