Watt v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Benson, J.:

In a former appeal in this case a judgment for the plaintiff was reversed because of an erroneous ruling that the shipment of horses in question *467was not made under a written contract. The evidence upon the question whether it was so made being conflicting a question of fact was presented for the jury. (Watt v. Railway Co., 82 Kan. 458, 108 Pac. 811.)

At the second trial it was admitted that the shipment was made under a written contract pleaded in the answer. The controlling question upon this appeal is whether a recovery can be sustained…