12 mnmmlr. nmronrmiz, vol. 38.
Essron ct al. v. Housron dz T. C. RY. Co. et al., (Pnmnimron Co., In-
’ tervenor.) “
‘ , (Oircuit Oaurt, E. D. Texas. March 15, 1889. ;
Rnmaoan Com-Anrns-—Insonvmncv Ann Rnon1vmzs—OAnnrnas—Loss or Goons.
. A claim by the consignee of goods against a railroad company as a com-
mon carrier, for the value of goods lost by iire while in possession of the car-
. rier, and before the road is placed in the hands of a receiver in a foreclosure
suit, is not entitled to a priority, before the claims of the bondholders.
In Equity. On exceptions to master’s report. r t
- .. Gresham dc Jones, for intervenor. .
Farrar, Jonas &: Krwittschnitt, for receiver.,
- y PARDEE, J. This intervention, Bled June 29, 1887, is by the Pem-,
Herton Company, a corporation created and existing by and under the
lawssof Massachusetts, and having its domicile at the town of Lawrence
t iirthat state, against the Houston & Texas Central Railway Company,
asacom-mon carrier, for the value of freight lost while in transit over
» its road. ’ The intervenor seeks to have its claim declared a charge upon
the net earnings ofthe defendant companys road,. and, if need be, upon
the zkrrpusfof its estate in the hands of the receivers appointed inthe
D above cause, superior to the equities of the bondholders, whose contract
liens are sought to be enforced in the above suit; and to that end the
said receiversand the complainants and defendants to the original bill
are made parties to this proceeding, is so far as the assertion of the pe-
titionersrights may affect them or-the interests they represent. Inter-
  venor lays its damage at $4,000. The facts, as alleged in the petition,
and as reported by the master, are, briefly, as follows: On the 12th day
of September; 1884, there were shipped, by Robertson & Co., from En-·
nis, Tex., astation upon the Houston ·& Texas°Central Railway, 100
bales of cotton, the property of the intervenor, the Pemberton Company, ·
forwhich the railway company executed to Robertson dz. Co. a bill of
lading for the delivery of the cotton to their order at Lawrence, Mass.,
which bill of lading, at the time of the shipment of ’the cotton, was by
Robertsonl & Co., the consignees therein named, indorsed in blank and
deliveredto intervenors, the cotton being the latter’s property and the.
shipment thereof for its benefit., On the 14th of 'September,·1884·, and
while the cottoniwas in transit over said railway, and in the custody of I
the rail-waycompany, under its contract of carriage, 40 bales thereof '
werwdestroyed by` tire; the cotton so burned being of the aggregate
vteightof 20,132 pounds, and-of the value, at the time, of 11 cents- per
pound, or, in the aggregate, $2,214.52. On·th·e·23d of February;‘1885, '
Benjamin G. Clarke and Charles Dillingham, under an order made Feb-
ruary 20, 1885, in equity cause No. 185, styled "Southern Development
· Co. `et ak. v. Houston & T. C. Ry. Co.," went into possession of the road
and other properties of the said railway company, and so continued until