Wichita & Western Railway Co. v. Koch

*643The opinion of the court was delivered by

Milton, J.:

The defendant in error has twice recovered judgment against the plaintiff in error for loss' and damage resulting from the latter’s alleged negligence in relation to a car-load of fat hogs, numbering sixty-five, and weighing, when shipped, 17,000 pounds, which were shipped from Cheney, Kan., on January 7, 1886, under a written contract whereby the railroad company undertook to deliver the hogs to Koch’s agents in Kansas City, Mo. The first judgment was reviewed in- the case of W. & W. Rly. Co. v. Koch, 47 Kan. 753, 28 Pac. 1013, and was…