James Clark McReynolds

“ In the instant case, when injured, the animals were awaiting removal from the car through a cattle chute alleged to be owned, operated and controlled by the railroad. If its employes had then been doing the work of unloading there could be no doubt that transportation was still in progress; and we think that giving active charge of the removal to respondents, as agreed, was not enough to end the interstate movement. The animals were in the car; no adequate time for unloading had transpired. The carrier had not fully performed the services incident to final delivery imposed by law. ”

“ By letting down a bridge they at once connected the chute and car and were about to lead out four horses, when an engine pushed other cars against it and injured the animals therein. No written claim was made for the loss or damage as provided by the bill of lading; and when sued the carrier defended upon that ground. Respondents maintain that transportation had ended when the accident occurred and consequently no written claim was necessary. ”

“ St. Louis, Iron Mt. & So. Ry. Co. v. Starbird, 243 U.S. 592, 37 Sup. Ct. 462, 61 L. Ed. 917; Baltimore & Ohio R. R. Co. v. J. G. Leach, 249 U.S. 217, 39 Sup. Ct. 254, 63 L. Ed. 570 (decided March 10, 1919) ; Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. ”