
    The M. S. & N. I. R. R. Co. vs. McDonough and Andrews.
    Railroad companies are not bound to receive live stock as common carriers, unless repaired? so- to do by their charter or some statute.
    Error to Branch Circuit.
   ,Opinion by

Christiancy, J.

Plaintiffs in error received of defendants in error certain hogs, at Cold water, to he by them - conveyed to Detroit. It is claimed that the railroad company '•'did.not properly care for the hogs, keeping thetn unnecessarily-confined for a long time in the cars, whereby they were greatly depreciated in value. No express contract is shown.

The transportation of live stock by common carrier, by land, was unknown to the common law, by which their great liabilities were fixed. This company were not bonnd to receive live stock as a common carrier, unless required so to do by its charter or some statute, and no such requirement appears.

Judgment of the court below reversed.  