Story Case

Mr. Armstrong and Mr. Davis, of Stoneville, drove to the Stoneville station Saturday afternoon, and ordered cars for freight shipment. Mr. Armstrong-loaded his car with bailed alfalfa, and Mr. Davis filled his with prize cattle for the state fair. The cattle were shipped six hours after the car was loaded, but Mr. Armstrong's freight stood on the track three days before it was finally sent on its journey. Mr. Armstrong sued the railroad company for failure to deliver the car within a reasonable time. At the trial, the railroad company showed that, at the time Mr. Armstrong's car was loaded, it was engaged in heavy transportation of live stock to distant stock yards, that it had made every effort to haul freight as loaded, but in this case was forced to allow "dead" freight to wait, in order to make room on its trains for live stock cars, which, in their nature, demanded immediate transportation. Will this be sufficient excuse for the railroad company?

Ruling Court Case. Briddon Vs. The Great Northern Railroad Company, Volume 28 Law Journal Reports, Page 51

Briddon consigned two car loads of cattle to be shipped by the Great Northern Railway Company from Huntington to Nottingham, there to be delivered by the railroad company within a reasonable time. The two cars were attached to a heavy goods train, and proceeded as far as Grantham. At this station the goods train, with the two cars of stock, was placed on a siding, since a heavy snow had made travel difficult, and the engine from the goods train was needed and used as extra power for a passenger train. Mr. Briddon's stock remained at Grantham thirty hours, during which time it deteriorated in value, since stock was not fed, and the market at Nottingham was lost. Briddon contended that the company should have used efforts to send the two cars on with the engine at hand, or procured an engine from some nearby town. But the court held that the railroad company had a right to keep the passenger trains running, and under the circumstances, to allow the goods train to wait. A carrier of goods or cattle is only bound to carry in a reasonable time under ordinary circumstances, and is not bound absolutely to use extra efforts or incur extra expense to surmount obstructions caused by the act of God.

Ruling Law. Story Case Answer

It is the duty of carriers to furnish service to any and all who apply. Where a carrier is unable to accommodate all, it is called upon to render service, in the order in which application is made. This rule applies only, however, when the services applied for are of the same class. Preference may be, and indeed must be, given by the railroads, in certain cases. For example, a carrier must forward passenger trains, even though trains of freight are thereby delayed. Thus, in the Story Case, the carrier is required to choose beteween live and dead or inorganic freight. For humanitarian reasons, if for no other, a railroad would be justified in preferring live stock over alfalfa.