Strong v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued to recover as damages the amount of freight paid by him on two carloads of oats that had been shipped to him as consignee under order bills of lading on which notation had been made “Freight to be prepaid.” Judgment was rendered in favor of the plaintiff, and the defendant appeals.

The action was tried on an agreed statement of facts, which disclosed that the plaintiff was engaged in the grain business in Wichita; that he purchased from Dilts & Morgan, grain dealers of Kansas City, Mo., two carloads of oats to be shipped…