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

The opinion of the court was delivered by

Porter, J.:'

The action in the district court was to recover damages resulting from the delay in the transportation of cattle shipped from Akron, Kan., to Kansas City, Mo., and also for personal injuries to plaintiff while traveling with the stock on a shipper’s pass and alleged to have been caused by negligence of the defendant. A trial resulted in* a verdict and judgment in plaintiff’s favor, from which the defendant appeals.

The answér alleged that the shipment was in accordance with the provisions of a written contract, a copy of which was *783attached…