Stewart

(after stating the facts as above). [1] Several assignments are addressed to alleged errors of the trial court in sustaining objections to testimony offered by the defendant, the object of which was to show that the feeding and rest pen at Yuma was maintained in as good condition as was customary with railroads in the Southwest, and in as good condition as pens and corrals at El Paso, Tex., Tucson, Bowie, and Phoenix, Ariz., and/Indio, Cal. The evidence so offered would have tended only to show that the treatment of the plaintiff’s cattle at Yuma was the usual and ordinary treatment of cattle by the defendant and other carriers in that section of the country, or sections similar in climate. The evidence, if admitted, would not have tended to acquit the defendant of negligence. It would have been no defense to the negligence charged' to prove that the defendant committed similar acts of negligence elsewhere. G. Trunk R. R. Co. v. Richardson et al., 91 U. S. 454 , 23 L. Ed. 356 .

[•2, 3] Error is assigned to the denial of the defendant’s motion for an instructed verdict in its favor. The grounds of the motion were that it was necessary for the defendant to unload the cattle at Yuma…