concurring specially. While I cannot concur in all that is said by the Chief Judge in the first division of the decision, I do agree with him that the declaration does not set *491out a.cause of action, either under the statute (Civil Code of 1910, §§ 2774, 2775) or under the common-law duty of a railroad company, as a common carrier, to furnish cars for the transportation of freight within a reasonable time after proper notice.