Hoffman v. Union Pacific Railway Co.
Court of Appeals of Kansas
Error from Dickinson district court ; O. L. Moore, judge. STATEMENT. The plaintiff's in error delivered to the defendant in error, at Enterprise, Kan., a car-load of flour to be shipped to Hempstead, Tex., and received from defendant in error a bill of lading which constituted the entire contract between the parties. The bill of lading was filled out by the plaintiffs on a blank furnished by the defendant and signed by its agent and by the plaintiffs.
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Error from Dickinson district court ; O. L. Moore, judge. STATEMENT. The plaintiff's in error delivered to the defendant in error, at Enterprise, Kan., a car-load of flour to be shipped to Hempstead, Tex., and received from defendant in error a bill of lading which constituted the entire contract between the parties. The bill of lading was filled out by the plaintiffs on a blank furnished by the defendant and signed by its agent and by the plaintiffs. The plaintiffs knew that the destination was not on the line of the Union Pacific road, the letters “ Via M. K. & T.” which were inserted in…
1Opinion of the Court
The opinion of the court was delivered by
Wells, J.:
The only real question in this case is, Did the Union Pacific Railway Company by its bill of lading contract to deliver the flour to the consignee at Hempstead, Tex., or was its contract ofily to carry it to the junction of its road with the Missouri, Kansas *381& Texas railway, and there deliver it to the connecting line? The issue is clearly stated by the attorney for the plaintiffs in error in these words: “If the responsibility of the defendant in error ceased upon the delivery of the flour to the Missouri, Kansas & Texas Railway Company at…
Also in this document: Concurrence.
2Cases cited2 opinions
- Berg v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
- Atchison, Topeka & Santa Fé Railroad v. RichardsonSupreme Court of Kansas · 1894
3Cited by3 opinions
- Sutton v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1900
- Taffe v. Oregon RailroadOregon Supreme Court · 1902
- Southern Pacific Co. v. LarrimoreArizona Supreme Court · 1920