same manner as provided in the preceding section. (R. S. 1889, § 2591-y.)

SEC. 1085. Shall transport shippers of stock or melons. Whenever any railroad company or corporation doing business within the limits of this state shall receive and ship any live stock, or watermelons when shipped with the privilege of peddling along the line of said road or roads, by the car-load, said company shall, in consideration of the price paid for said car, pass the shipper or his employe to and from said point designated in contract or bill of lading without further expense to shippers, under penalties as in the two preceding sections: Provided, that this section shall not be so construed as to permit a shipper of live stock to peddle the same along the line of said road or roads. (R. S. 1889, § 2592-z.)

SEC. 1086. Peddling cars for watermelons, etc. - The railroads of this state are required to carry peddling cars of watermelons or cantaloupes, strawberries, blackberries and other perishable fruits on the local or way freights when demanded by the shipper, and the freight rate on peddling cars shall be the same as on through cars, and no extra charges shall be made for the privilege of peddling; and the penalties for any violation of the requirements of this section shall in all respects be the same as provided in section 1083 of the Revised Statutes: Provided, this section shall only apply to melons and cantaloupes, strawberries, blackberries and other perishable fruits grown in this state. (Laws 1897, p. 97.)

SEC. 1087. Agent shall count stock. Whenever any shipper of hogs, cattle, sheep, horses or other animals shall present his stock at any railway station for purposes of transportation, it shall be the duty of the railway agent at such station to count, or cause to be counted, said hogs, cattle, sheep, horses or other animals, and the number so counted shall be by the agent named in the bill of lading or receipt for such stock; and if said agent refuse or neglect to count or have counted said stock, then the railway company employing said agent shall be held responsible for the number of animals specified in such bill of lading or receipt, according to shipper's account. (R. S. 1889, § 2593—a.)

SEC. 1088. Shipper may mix freight-own risk.-Whenever any shipper shall order one or more cars for the purpose of trans

(y) Furnishing cars. 40 Mo. 491; 62 Mo. 527; 109 Mo. 582; 17 A. 394; 19 A. 391; 62 A. 252. Reception of stock in pen equivalent to obligation to transport without unnecessary delay. 62 Mo. 527; 20 A. 453; 25 A. 473. Act of God. 40 Mo. 491; 43 Mo. 421; 62 Mo. 527; 89 Mo. 340; 94 Mo. 334; 13 A. 449. Rule is, that carriers are responsible for natural, ordinary and proximate consequences of acts, but not for such as are remote and extraordinary. 5 A. 7. Duty of carriers to prevent increase of damages. 89 Mo. 340. Lien for freight charges. 62 A. 639; 76 A. 472. Measure of damages to live stock. 75 A. 233. Shipper must read contract. 74 A. 406. Is presumed to know its contents. 136 Mo. 177. Limitation of common law liability; measure of damages for failure to ship on time. 66 A. 388; 72 A. 34. Common carrier cannot limit liability when loss is due to its own negligence. 2 A. 369; 6 A. 585; 35 A. 79; 68 A. 255. Must keep stock pens in reasonably safe condition. 57 A. 471.

(z) Right of passenger using stock pass. 66 Mo. 536. "Stock-pass," will not carry shipper's wife. 64 Mo. 536. Degree of care required where passengers ride gratuitously. 82 Mo. 292; 32 A. 228. A drover transported over railroad on pass for purpose of taking care of stock on train is a passenger and railroad cannot stipulate for exemption. 88 Mo. 239. Common carrier is not permitted to stipulate against its own negligence; this rule has never been relaxed. 82 Mo. at page 300-1.

(a) 57 A. 358.

porting any kind of stock, grain, or any other article of commerce or trade, he shall have the right and privilege to put in said car or cars two or more species of live stock, or different kinds of grain, or different articles of commerce or trade: Provided, that any such shipper of two or more species of stock, in the same car or cars, shall ship thesame at his own risk of injury solely by reason of such mixed shipment; otherwise at the risk of the carrier. (R. S. 1889, § 2594-b.)

SEC. 1089. Minimum weight of car-load, mixed freight.. Twenty-four thousand pounds shall be deemed the minimum weight for a car-load of such mixed stock when such car is thirty feet long, and such minimum weight shall be more or less than twenty-four thousand pounds, in proportion as such car is more or less than thirty feet long; and no railway company, or agent for such company, shall charge, demand or receive any greater sum for the transportation of such car or cars of mixed stock or grain than is charged for the transportation of such car or cars when but one species of stock or one kind of grain is shipped therein: Provided, that said different species of stock or different kinds of grain, or articles of commerce and trade, which are loaded in said car or cars, do not exceed the maximum weight allowed by law and usage when but one species of stock or kind of grain is shipped in such car or cars. (R. S. 1889, § 2595.)

SEC. 1090. Penalty-duty of commissioners and attorney-general, etc.-Any railway company owning or operating a railway in this state, that shall refuse or deny any of the rights and privileges granted to shippers by this act, shall forfeit and pay for every such refusal or denial, any sum not less than one hundred dollars nor more than five hundred dollars, together with costs of suit, including a reasonable attorney's fee. The penalties herein provided may be recovered by civil action in the name of the state of Missouri, and several counts may be joined in the same petition; and whenever the railroad commissioners shall, in any manner, come into possession of information which, in their judgment, warrants prosecution of any railroad company for violations of the provisions of this act, it shall be the duty of said commissioners immediately to cause suits to be commenced and prosecuted against such railroad company. Such suits and prosecutions may be instituted in any county in this state into or through which the line of the railroad company sued for violating this act may extend; and it shall be the duty of the attorneygeneral, and of any circuit attorney or prosecuting attorney of the circuit or county in which the said commissioners may desire such suit or proesecution instituted, to institute and prosecute the same, without delay, when so directed by the said commissioners; and such circuit attorney or prosecuting attorney shall receive for his services, out of the amount collected, the same compensation which is or may be allowed him by law for collections made on forfeited recognizances. (R. S. 1889, § 2596.)

SEC. 1091. Id. Damages. In addition to the penalties herein provided for any violation of the provisions of this act, the aggrieved party may recover of any such corporation or company three times. the amount of loss or damage he may sustain by reason thereof. (R. S. 1889, § 2597.)

SEC. 1092. Double-deck cars.-All railroad companies, private companies or individuals, owning or operating a railroad or rail(b) 60 A. 335.

roads in the state of Missouri, are required to furnish a sufficient number of double-decked cars for the shipment of sheep to supply the demand for such cars on their respective lines, and to allow shippers to load both decks in said cars with sheep to the aggregate extent of (20,000) twenty thousand pounds, which cars, so loaded, shall be received and transported by such railroad companies, or private companies or individuals, as one car-load of stock, and it shall not be lawful for said railroad companies, private companies or individuals, to charge or receive for the transportation of a double-decked car of sheep more than the legal rate of freight allowed for the shipment of stock. (R. S. 1889, § 2598—c.)

SEC. 1093. Penalty under preceding section. Should any railroad company, or private company or individuals, owning or operating a railroad or railroads in the state of Missouri, refuse or neglect to furnish cars as provided in the preceding section, it shall not be lawful for them to charge or receive for the transportation of a car of sheep more than one-half the legal rate of freight allowed for the shipment of stock. (R. S. 1889, § 2599.)

SEC. 1094. Further penalties.-Any railroad company or private company or individuals owning or operating a railroad or railroads in the state of Missouri, failing or refusing to comply with the provisions of sections 1092 and 1093, shall pay to the shipper not less than fifty dollars ($50) nor more than two hundred dollars ($200) for every failure or refusal to comply with said sections, to be recovered in any court of competent jurisdiction: Provided, that such railroad company, private company or individuals owning or operating a railroad in this state shall have the privelege of furnishing, instead of a doubledecked car, two cars, for which only one rate shall be charged. (R. S. 1889, § 2600.)

SEC. 1095. Notice of advance of rates. No railroad company in this state shall advance its rates for carrying freight without having first given at least twenty day's notice of such change, by posting the schedule to which it is proposed to change the rates in at least three conspicuous places on each of the freight and passenger depots belonging to the company proposing the change. (R. S. 1889, § 2601.)

SEC. 1096. General civil penalty-venue for collection of. Any person or company operating a railroad in this state, who shall fail to comply with the provisions of the preceding section shall, for each offense, forfeit five hundred dollars to the use of the common school fund of the county, to be collected by civil action by the circuit court of any county through which the road belonging to such person or company may run. Such suit may be instituted by any person injured by such violation, or by the prosecuting attorney of the county where the suit is brought. (R. S. 1889, § 2602.)

SEC. 1097. Shall furnish caboose. — Every individual, company or corporation owning, managing or operating, or who may hereafter own, manage or orperate, any railroad or part of a railroad over bridges or through tunnels, as well as elsewhere in this state, who carry passengers, or whose duty it is to carry live stock as a common carrier, are hereby required to furnish to all shippers of live stock, having the right to accompany the same, a caboose or other suitable car for the transportation of such shipper or shippers to the actual place of unloading such shipments: Provided, that all such cabooses or

(c) Constitutional. 111 Mo. 161.

cars on all such trains shall be furnished with a toilet-room for the accommodation of passengers. Any railroad corporation or company doing business in this state refusing to comply with the requirements of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars for each day's negligence or refusing to comply with the requirements of this section, after the enactment and passage of same, as required by law, and all moneys arising as such fines shall revert to the public school funds of this state. (R. S. 1889, § 2603, amended, Laws 1895, p. 11.6.)

SEC. 1098. Criminal penalty. Any individual, company or corporation violating the provisions of the preceding section shall, upon conviction thereof, be deemed guilty of a misdemeanor, and fined in any sum of not less than fiity nor more than five hundred dollars. (R. S. 1889, § 2604.)

SEC. 1099. Freight may be sold for charges, when. If any such railroad corporation shall have transported any freight which shall not be called for within six months, or on which the charges shall not have been paid for thirty days, they may sell the same, after giving not less than ten days' notice, by posting where such articles are stored, and also by publishing the same in the nearest local paper; and any sums of money received from the proceeds of such sale, after paying all charges, and expenses of sale, shall be paid into the county treasury for the benefit of the owner, if he shall thereafter appear; but if such money be not claimed within one year, it shall go into the school fund of the county. (R. S. 1889, § 2605.)

SEC. 1100. Baggage shall be checked-penalties.-All baggage, when taken for transportation, shall be checked, if there is a handle, loop or fixture, so that the same can be attached, and a duplicate thereof given to the passenger or person delivering the same; and if such check be refused on demand, the corporation shall pay to such passenger the sum of ten dollars, to be recovered in a civil action; and, further, no fare or toll shall be collected or received from such passenger, and if such passenger shall have paid his fare, the same shall be refunded; and on producing such check, or if he have no check, on demanding his baggage, if it be not delivered to him, he shall recover the value thereof. (R. S. 1889, § 2606-d.)

SEC. 1101. Freight cars, etc., shall not be placed in rear of passenger cars-penalty.-In forming a passenger train, baggage, freight, merchandise or lumber cars shall not be placed in rear of passenger cars; and if they, or any of them, shall be so placed, the officer or agent who so directed or knowingly suffered such an arrangement, and the conductor of the train, shall be deemed guilty of a misdemeanor, and be punished accordingly. (R. S. 1889, § 2607.)

SEC. 1102. Bell and whistle at crossings - penalty.-A bell shall be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad shall cross any traveled public road or street, and be kept ringing until it

(d) Baggage defined. 23 A. 403; 71 A. 385. The obligation of common carrier to carry baggage extends only to ordinary baggage. 20 Mo. 513. Bicycles. 71 A. 385; Liability of sleeping car companies; damages. 28 A. 199; 32 A. 682; 37 A. 598; 42 A. 134; 55 A. 474; 59 A. 641. Liability for baggage does not cease until delivered. 10 A. 125; 13 A. 436; 43 A. 424. Passenger whose baggage is lost is competent witness to prove contents and value. 36 Mo. 114.

shall have crossed such road or street, or a steam whistle shall be at-, tached to such engine and be sounded at least eighty rods from the place where the railroad shall cross any such road or street, except in cities, and be sounded at intervals until it shall have crossed such road or street, under a penalty of twenty dollars for every neglect of the provisions of this section, to be paid by the corporation owning the railroad, to be sued for by the prosecuting or circuit attorney of the proper circuit, within ten days after such penalty was incurred, onehalf thereof to go to the informer, and the other half to the county; and said corporation shall also be liable for all damages which any person may hereafter sustain at such crossing when such bell shall not be rung or such whistle sounded as required by this section: Provided, however, that nothing herein contained shall preclude the corporation sued from showing that the failure to ring such bell or sound such whistle was not the cause of such injury. (R. S. 1889, § 2608—e.)

SEC. 1103. Railroad crossings, how constructed, by whom.-Every such corporation shall construct and maintain good and sufficient crossings, where its railroad crosses public roads or town streets, now or hereafter to be opened for public use, which

(e) Failure to ring bell or sound whistle at crossing of traveled road or street is negligence; liability attaches when failure contributes to the injury. 70 Mo. 641; 71 Mo. 476; 76 Mo. 494; 77 Mo. 455; 78 Mo. 578; 88 Mo. 306; 96 Mo. 367; 98 Mo. 34; 104 Mo. 381; 112 Mo. 238; 128 Mo. 595; 22 A. 601. Not necessary to ring bell or sound whistle except when approaching public crossing. 69 Mo. 219; 71 Mo. 50, 303; 72 Mo. 50; 96 Mo. 99; 104 Mo. 211; 112 Mo. 238. Sufficient, if either be done. 70 Mo. 641; 77 Mo. 546; 78 Mo. 578; 89 Mo. 586; 111 Mo. 152; 22 A. 601; 50 A. 109; 69 A. 557; 70 A. 657; except in cities where it is imperative to sound bell. 45 Mo. 255. Where railroad crossing is not a public one, no signals are required. 113 Mo. 1. Public use of footway as crossing, with consent of company, does not convert into public crossing. 69 Mo. 219; 71 Mo. 50; 104 Mo. 211. One struck on a public road or street is not a trespasser. 128 Mo. 595. Evidence of public road crossing. 46 A. 466. Signals, other than statutory, may be required. 112 Mo. 238. One crossing railroad track at public crossing has the right to assume that statutory signals will be given. 111 Mo 152; 45 A. 535. No evidence to the contrary, care and diligence presumed to have been exercised. Id. Where it appears signals were not given, burden of proof on company to show that such failure did not cause injury. 111 Mo. 152. Ordinary care required in approaching crossing. 55 A. 585. "Duty to look and listen." 64 Mo. 480; 65 Mo. 22; 71 Mo. 476; 72 Mo. 392, 168; 74 Mo. 602; 70 Mo. 86; 80 Mo. 335; 85 Mo. 229, 611; 86 Mo. 457; 88 Mo. 534, 306, 678; 90 Mo. 548; 91 Mo. 357; 93 Mo. 433; 94 Mo. 150; 98 Mo. 272, 183; 105 Mo. 270; 108 Mo. 525; 111 Mo. 555; 112 Mo. 268, 420; 113 Mo. 1; 117 Mo. 214; 119 Mo. 203; 120 Mo. 635; 122 Mo. 533; 124 Mo. 566; 129 Mo. 405; 132 Mo. 4; 134 Mo. 673; 135 Mo. 440; 136 Mo. 562; 138 Mo. 172; 141 Mo. 425; 147 Mo. 171, 140; 5 A. 311; 13 A. 352; 17 A. 518; 18 A. 151; 63 A. 501; 67 A. 356; 70 A. 88. Negligence, depends on attending circumstances. 105 Mo. 270; see 113 Mo. 1. Habits of intoxication not admissible to prove contributory negligence. 132 Mo. 4. Penal statute will be strictly construed. 19 A. 104. Penalties may be recovered either by indictment or information. 89 Mo. 562. Duty at dangerous crossing; employing flagmen. 65 Mo. 22; 72 Mo. 451; 57 A. 320; 45 A. 535; 46 A. 198. Duty of company and traveler at crossing of street or road. 75 Mo. 138; 76 Mo. 86; 77 Mo. 546; 85 Mo. 229, 611, 679; 86 Mo. 574; 88 Mo. 306, 534; 90 Mo. 314, 548; 93 Mo. 433; 94 Mo. 150; 96 Mo. 290, 367; 101 Mo. 67; 108 Mo. 525; 111 Mo. 555; 112 Mo. 238; 116 Mo. 450; 117 Mo. 214; 27 A. 202. Proof that stock was killed at railroad crossing, that bell was not rung, nor whistle sounded makes prima facie case. 76 Mo. 399; 78 Mo. 578; 81 Mo. 521; 82 Mo. 196; 88 Mo. 534, 306; 90 Mo. 548, 314; 55 Mo. 33; 70 A. 393; contra. 76 Mo. 494. Contributory negligence. 96 Mo. 509; 101 Mo. 93; 104 Mo. 381; 111 Mo. 152; 26 A. 336; 32 A. 438. Contributory negligence is matter of defense. 53 Mo. 509; 88 Mo. 306; 94 Mo. 286; 26 A. 336; 32 A. 438. Cannot be set up under general denial. 26 A. 336. Violation of municipal ordinance regulating rate of speed, negligence per se. 101 Mo. 67; 108 Mo. 525; 116 Mo. 450.