State Ex Rel. Atchison, Topeka & Santa Fe Railway Co. v. Trimble

The relator claims that the majority opinion of the Kansas City Court of Appeals, in a suit against relator Railroad Company and a warehouse company, for damages for failure to deliver plaintiff's automobile placed with said defendant for shipment, was erroneous, because the petition on which the case was tried was based on a single cause of action, alleging specific acts of negligence, whereas the plaintiff recovered, without being required to prove any such specific acts of negligence, on the theory that said petition contained two counts, one against defendant on the contract of shipment,…