Larabee Flour Mills Co. v. Missouri Pacific Railway Co.

*216The opinion of the court was delivered by

Porter, J.:

In this case judgment awarding a peremptory mandamus was rendered December 8, 1906, and the defendant railway company was ordered to resume the transfer service for the plaintiff. (Larabee v. Railway Co., 74 Kan. 808.) Thereafter defendant sued out a writ of error to the supreme court of the United States, where the judgment was affirmed. (Missouri Pacific Ry. v. Larabee Mills, 211 U. S. 612.) After the affirmance of the judgment by that court the plaintiff filed here a claim for damages arising out of the defendant’s refusal to furnish…