Young v. Santa Fe Trail Transportation Co.

The opinion of the court was delivered by

Robb, J.:

This is an appeal from the trial court’s judgment holding that an initial common carrier was not liable to the shipper for moneys collected from the consignees on five C. O. D. shipments which moneys were converted by a delivering common carrier.

Briefly summarized, the stipulated facts were that appellant, Merritt M. Young, had his place of business in Wichita and appellee was a common carrier incorporated under the laws of the state of Kansas. During November and December, 1953, appellant delivered to appellee at its Wichita freight station…