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EMPIRE STATE CATTLE CO. v. ATCHISON, TOPEKA & SANTA FE RY. CO.

Nos. 178, 179.

210 U.S. 1 (1908)

28 S.Ct. 607

52 L.Ed. 931

EMPIRE STATE CATTLE COMPANY v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY. MINNESOTA AND DAKOTA CATTLE COMPANY v. SAME.

Supreme Court of United States.

Decided May 4, 1908.

Attorney(s) appearing for the Case

Mr. James S. Botsford, with whom Mr. Buckner F. Deatherage, Mr. Odus G. Young and Mr. R.E. Ball were on the brief, for petitioners.

Mr. Gardiner Lathrop and Mr. Robert Dunlap, with whom Mr. William R. Smith and Mr. C. Angevine were on the brief, for respondent.

MR. JUSTICE WHITE delivered the opinion of the court.

With the object of saving them from destruction by the flood which engulfed portions of Kansas City on May 31 and the first week of June, 1903, more than three thousand head of cattle belonging to the petitioners, which were in the Kansas City stock yards, were driven and crowded upon certain overhead viaducts in those yards. For about seven days, until the subsidence of...

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