Page:Federal Reporter, 1st Series, Volume 1.djvu/235

 the city of Pittsburgh at least 24 hours before the fire occurred in said city, on July 21 and 22, 1877, and were then in defendant's custody in the cars in which they had been shipped, and the said cars and the said goods were burned in said fire."

3. "The defendant, about July 19, 1877, found itself unable to maintain, against the force of a mob, entire possession and control of its own property, and the property in its custody, including that of the plaintiff, and to operate its road. It then called upon the proper authorities, including the sheriff of Allegheny county, for assistance and protection; a requisition was made by said sheriff upon the governor for the assistance of the military power of the common-wealth. In pursuance of such requisition, troops were ordered by the governor to aid said sheriff in retaking and redelivering to the defendant entire possession and control of such property, and to enable it to operate its roads; and in endeavoring so to do said troops, on July 21, 1877, came into conflict with said mob and failed to dispossess the same, and immediately after said conflict and failure the property in question was destroyed by fire communicated by said mob."

4. The goods in question were "received by the defendant on bills of lading of the form of the annexed receipt, being one of what is usually known as the 'Red Star Union Line fast freight' receipts, with all and singular the conditions therein contained." This bill of lading is numbered No. 2,856, and is thus identified and exhibited as part of the finding in this case.

The foregoing facts are found in pursuance of the written admission of the parties filed in the case.

It is further found:

5. If the transit of the goods in question had not been interrupted at Pittsburgh, and had been continued in regular course, the train containing them would have been at a considerable distance from Pittsburgh eastward before the time of the occurrence of the fire.

6. When the train containing said goods reached the depot of the defendant in Pittsburgh, on July 19th, the hands who