Joseph Rucker Lamar

“ If such information had then been given to the shipper, or promptly, upon subsequent discovery that the defendants would be unable to supply the cars, a different question would have arisen. But, where, without fault on its part, a carrier is unable to perform a service due and demanded, it must promptly notify the shipper of its inability, otherwise the reception of goods without such notice will estop the carrier from setting up what would otherwise have been a sufficient excuse for refusing to accept the goods, or for delay in shipment after they had been received. ”

“ The Cattle Company's declaration averred that finding, in the spring of 1907, that it would need 200 cars in which to ship cattle to market, it requested the carriers' station agent in May, 1907, to furnish these cars in lots of 50, at designated places on designated dates in September and October, 1907. The defendants accepted the order, and plaintiff, relying on the duty and promise, brought 3,900 head of cattle to the station at the time stated and tendered the same for shipment. The defendants refused to furnish the cars needed. ”

“ On October 18, 1907, plaintiff learned for the first time definitely that defendants would not furnish cars until several weeks thereafter, whereupon plaintiff was forced to abandon the shipment and return the herd to the ranch in Texas, which was distant from the station about 100 miles. By reason of the expense and loss of the market plaintiffs were damaged $35,000.
Each railway company demurred specially on the ground that it could not be required to furnish cars to go beyond its line in interstate shipment ”