Central Stock Yards Co. v. Louisville & N.R. Co.

• Decision Date: 08 July 1902
• Docket Number: 1,070.
• Citation: 118 F. 113
• Parties: CENTRAL STOCK YARDS CO. v. LOUISVILLE & N.R. CO.
• Court: U.S. Court of Appeals — Sixth Circuit

118 F. 113

CENTRAL STOCK YARDS CO. v. LOUISVILLE & N.R. CO.

No. 1,070.

United States Court of Appeals, Sixth Circuit.

July 8, 1902

J. C Dodd and W. M. Smith, for appellant.

Helm Bruce and Ed. Baxter, for appellee.

Appeal from the Circuit Court of the United States for the Western District of Kentucky.

This is a bill filed by the stock yards company against the railroad company seeking a mandatory injunction requiring the railroad company to receive transfer, transport, and deliver shipments of live stock tendered to it outside the state of Kentucky consigned or tendered to be consigned to any points of physical connection between its line and the line of the Southern Railway Company in Kentucky, and designated for the Central Stock Yards or its station in Kentucky; and in like manner to deliver, transport, and transfer such consignment to any person to whom it may be billed at said stock yards and, further, to recognize the right of the consignor and the consignee to change at any of the stations of the said company the destination of said shipment, so as to make delivery in the manner agreed upon at a point of physical connection between the lines of the Southern Railway Company and the Louisville & Nashville Railroad Company for delivery to said Central Stock Yards; also seeking a temporary injunction and damages in the sum of $3,000. The Central Stock Yards Company is a duly organized corporation authorized to conduct a general business in the state of Kentucky. The Louisville & Nashville Railroad operates in the states of Kentucky, Tennessee, Alabama, Georgia, Mississippi Louisiana, Florida, Indiana, and Illinois as a common carrier. The Central Stock Yards Company has located its plant just outside the city of Louisville, where it has facilities for receiving, unloading, feeding, and caring for live stock. This plant is about nine miles from the terminus of the Southern Railroad in the city of Louisville. It is further alleged that the Southern Railway Company has established a station, known as the 'Central Stock Yards,' at or near the location of the plant. The situation may be shown in a general way by the rough draft herewith shown. A.-- South Louisville. B.-- Fourth Street Crossing Southern Railway and Louisville & Nashville. Nashville. C.--Magnolia Avenue connection. D.-- Louisville & Nashville Kentucky Street Yards. E.-- Junction of two Southern Railway lines. F.-- Bergin & Meehan Switch. G.-- Central Stock Yards. H.-- Bourbon Stock Yards. RED LINES--Louisville & Nashville Railroad. (The red lines are indicated by the dotted lines.) BLACK LINES-- Southern Railway.

(Image Omitted)

The points of physical connection between the lines of the Southern Railway Company and the lines of the defendant are shown at F, B, and C of the diagram. The defendant company refused to receive stock from points outside the state of Kentucky billed to the Central Stock Yards Company, or to any person in its care, asserting the right to deliver all live stock designated for Louisville passing over its own lines at the Bourbon Stock Yards, shown on the map at H, with which company the defendant has a contract,-- the Louisville & Nashville Railroad Company agreeing that it would not lease, rent, or sell within the city of Louisville for the establishment of any other stock yards, or establish any other stock yards within or adjacent to said city; that it will deliver, and cause to be delivered, so far as it legally may, all live stock shipped over the lines of the defendant company consigned to the city of Louisville, and will load all stock for other persons at said city at said yards; providing that, if the terms of such agreement should be invalidated by any judgment or order of the court, or by legislative requirement, then the stock yards company should have no claims for damages against the railroad company arising out of the terms of the contract. The Central Stock Yards Company is a corporation, and was established by an agreement with the Southern Railway Company, making it the stock yards of that company in Louisville and vicinity. It is claimed that the complainant has a right to compel the shipment of live stock and transfer of cars consigned to the Central Stock Yards Company at one of the points of physical connection with the Southern Railway upon three grounds: (1) That such is the legal duty of the defendant company as a common carrier.

(2) Because of the requirements of the act to regulate commerce, passed by the congress of the United States on February 4, 1887, known as the 'Interstate Commerce Act.' (3) By amended bill, that such is the duty of the corporation under the constitution and laws of the state of Kentucky. The circuit court dismissed the application for a temporary injunction, and afterwards dismissed the bill for want of jurisdiction in equity. Complainant appeals.

Before LURTON, DAY, and SEVERENS, Circuit Judges.

DAY Circuit Judge (after stating the facts as above).

The discussion in this case has taken a wide range. In our opinion, it may be disposed in the solution of a few leading propositions, the first being: Is there a right, independent of a statute, to require the railroad company to receive the live stock for shipment to the Central Stock Yards, and to deliver the cars at a point of connection with the Southern Railroad in Louisville for transportation there? it is apparent from a consideration of the testimony that the Central Stock Yards Company is primarily the stock yards of the Southern Railway Company. It is true the location is just beyond the city limits, but the business to be transacted is the Louisville business in the sale and forwarding of stock in these yards. The contract through which the Central Stock Yards originated is in the record, and there we find an agreement between the Southern Railway Company and the Central Stock Yards Company in which is recited the desire of the railroad company to establish a general stock depot 'for the receiving and delivery of stock at Louisville, Kentucky. ' After stipulations as to the reception and care of the stock, it is further provided that the railroad company will establish the premises of the stock yards company as its stock depot for the purpose of handling live stock to and from Louisville, and agrees not to sell, lease, or use, or license to be used, any part of its ground in or adjacent to Louisville for the establishment of any other stock yards, or otherwise facilitate the establishment of any other stock yards in the city, and will establish no other stock yards depot at or near said city. The railroad company further agrees to establish Louisville rates to and from the premises of the said company on certain lines. It is apparent from these stipulations of the contract that the parties understood that the Central Stock Yards was intended to be, as in fact it is, a Louisville stock yards, to be used, as is recited in the contract, in building up the live-stock business to and from Louisville. We have no question that the Central Stock Yard is as distinctly a yard for the transaction of the business of receiving, keeping, and selling of stock at Louisville as is the Bourbon Stock Yards, established for the same purpose by contract with the defendant company. The question on this branch of the case is thus narrowed to the consideration of the rights of the complainant to require of the Louisville & Nashville Railroad Company shipments and transfers to the Central Stock Yards Company, over the connection with the Southern Railroad, of live stock whose destination is Louisville. The peculiar duties of a common carrier of live stock are pointed out pay Mr. Justice Field in North Pennsylvania R. Co. v. Commercial Nat. Bank, 123 U.S. 727, & S.Ct. 266, 31 L.Ed. 287. The animals cannot be turned loose, or left without food or shelter in cars standing on the railroad tracks or sidings. They must be placed in suitable quarters, where they can be fed and cared for under the charge of competent agents. The nature of the property requires these services, essential to the discharge of the duty of the carrier in the safe transportation and delivery of live stock. For this purpose it is the duty of the carrier to make provision by suitable yards and proper equipment and competent persons to manage and control the care and delivery of the live stock. We perceive no reason why this duty cannot be discharged by contract with proper persons or companies who shall undertake the same under the responsibility of the carrier. Such a contract was enforced in Railroad Co. v. Struble, 109 U.S. 381, 3 Sup.Ct. 270, 27 L.Ed. 970. Justice Harlan observed in Stock Yards Co. v. Keith, 139 U.S. 128-136, 11 Sup.Ct. 461, 464, 35 L.Ed. 73:

'It did not concern them (the complainants) whether the railroad company duly maintain stock yards or employed another company or corporation to supply the facilities for receiving and delivering live stock it was under the obligation to the public to provide.'

There is no showing of the inadequacy of the Bourbon Stock Yards Company in the matter of accommodations for receiving and caring for cattle. The defendant has there made provisions ample for the care of such stock with a company obligated to discharge the duties in this behalf required by the law of common carriers. Is the defendant obliged by law to make Louisville delivery at other points by making connections for other Louisville stock yards? We think this question must be answered in the negative. To all intents it was so answered by this court in Butchers' & Drovers' Stock Yards Co. v. Louisville & N.R. Co., 14 C.C.A. 290, 67 F. 35. In that case the railroad company had entered into a contract with the Union Stock Yards Company, which made it the...