Goggin v. Kansas Pacific Railway Co.
Supreme Court of Kansas
Error from Davis District Court. Goggin, as plaintiff, sued the Railway Co. for alleged damage to live stock transported, sustained by reason of delay in transit. The petition is for breach of the implied contract as a common carrier for not transporting within a reasonable time. The defendant answered, that the cattle were carried under a special contract, which contract was set forth in the answer.
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Error from Davis District Court. Goggin, as plaintiff, sued the Railway Co. for alleged damage to live stock transported, sustained by reason of delay in transit. The petition is for breach of the implied contract as a common carrier for not transporting within a reasonable time. The defendant answered, that the cattle were carried under a special contract, which contract was set forth in the answer. The terms of this contract, and the averments of the answer, so far as they are material, are sufficiently stated in the opinion, infra. Goggin replied, setting up facts in avoidance of the…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This case brings up for review the decision of the district court sustaining a demurrer to the reply. The plaintiff in error sued defendant in error, alleging that he had sustained damages through the carelessness and negligence of the defendant in the transportation of cattle over its *417road. The company in its answer sets up a written contract of shipment, signed by both parties, by which the cattle were to be carried from Ogden to the State Line, at special rates-per car-load, to be accompanied by the owner, and fed, watered and cared…
2Cases cited4 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Southern Express Co. v. CapertonSupreme Court of Alabama · 1870
- Adams Express Co. v. ReaganIndiana Supreme Court · 1867
- Bankard v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871
3Cited by30 opinions
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- The PersianaCourt of Appeals for the Second Circuit · 1911
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
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