Wichita Poultry Co. v. Southern Pacific Railway Co.

Plaintiff shipped a carload of chickens from Wichita, Kansas, to San Francisco, California consigned to its agents Stewart & Stevens, a commission firm in the latter city. There was delay in delivery and this action was instituted to recover damages. Plaintiff prevailed in the trial court.

The case was tried by the court on an agreed statement of facts, by which it appeared that the Chicago, Bock Island & Pacific Eailway Company was the initial carrier and defendant the destination, or terminal carrier. That while the chickens were on the way Stewart & Stevens sold them to Fred Deal at…