Offerle Grain & Supply Co. v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Dawson, J.:

This action was brought to recover certain statutory penalties for the failure of the defendant railway *273company to furnish freight cars for plaintiff’s use in intrastate commerce.

Plaintiff’s petition alleged that it was a corporation engaged in the business of buying, shipping and selling grain at Offerle, in Edwards county; that at various dates in the latter half of 1916 it filed with the defendant’s local station agent written applications and orders for freight cars for the shipment of wheat to Hutchinson, Wichita, and other Kansas…