Southern Kansas Railway Co. v. Clark
Supreme Court of Kansas
Error from Butler District Cowrt. ACTION by Claris and others against the Railway Company to recover for loss of merchandise. Judgment for plaintiffs, July 16, 1889. The defendant brings the case to this court. The facts are stated in the opinion.
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Error from Butler District Cowrt. ACTION by Claris and others against the Railway Company to recover for loss of merchandise. Judgment for plaintiffs, July 16, 1889. The defendant brings the case to this court. The facts are stated in the opinion. The articles lost were not personal baggage; the agent who checked the same at Kansas City was not informed of the contents of the case; the articles were not accepted and forwarded as a part of the baggage of plaintiff; and, therefore, the defendant is not liable. It was formerly held that common carriers were not responsible for the baggage of…
1Opinion of the Court
The opinion of the court was delivered by
AlueN, J.:
This action was commenced before a justice of the peace of Cowley county, where a judgment was rendered in favor of the defendant for costs. Plaintiffs appealed to the district court, from which a change of venue was taken, because the judge of that court had been of counsel in the case, to Butler county, where the case was tried, and a judgment rendered in favor of the plaintiffs for $136.79. The railroad company brings the case here for review. '
By leave of the court, the plaintiffs filed an amended bill of particulars in the Butler county…
2Cases cited4 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Alling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1879
- Stimson v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1867
- Metz v. California Southern RailroadCalifornia Supreme Court · 1890
3Cited by5 opinions
- Fidelity & Casualty Co. of New York v. WaltonSupreme Court of Oklahoma · 1909
- Lusk v. BlochSupreme Court of Oklahoma · 1917
- Kansas City, Pittsburg & Gulp Railroad v. StateSupreme Court of Arkansas · 1898
- S. Nathan & Co. v. Red Cab, Inc.Court of Appeals for the Seventh Circuit · 1941
- Missouri Pacific Railway Co. v. LiverightCourt of Appeals of Kansas · 1898