Levi v. Missouri, Kansas & Texas Railway Co.

— Plaintiffs, wholesale merchants at Kansas City, sued the defendant railroad company to recover damages for the loss by fire of two sample trunks and contents at defendant’s depot in Mound Valley, Kansas. The petition contained two counts. In the first, plaintiffs sought to hold defendant as a common carrier, in the second, the cause pleaded was the negligent breach of defendant’s duty as a warehouseman. At the close of the evidence plaintiffs dismissed the first count. The court overruled defendant’s demurrer to the evidence and submitted to the jury the issue of whether or not the loss of…