Legal Opinion

Sauter v. Atchison, Topeka & Santa Fe Railway Co.

Supreme Court of Kansas

Decided June 6, 1908No. 15,589PublishedCited by 3 opinions

Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The plaintiff in error brought this action in the district court of Sedgwick county to recover damages for , the loss of a horse and household and other goods, which were shipped on the 28th day of May, 1903, over the defendant’s line of railroad at Galesburg, 111., to be delivered at Wichita, Kan., on the same line.

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Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The plaintiff in error brought this action in the district court of Sedgwick county to recover damages for , the loss of a horse and household and other goods, which were shipped on the 28th day of May, 1903, over the defendant’s line of railroad at Galesburg, 111., to be delivered at Wichita, Kan., on the same line. According to the undisputed evidence in the case the car arrived at Argentine, Kan., which is adjacent to Kansas City, Mo., on the 30th day of May, 1903, during what is known as “the great flood.” The last…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

It is.conceded by the plaintiff that if, as-, appears to be the case, the loss occurred through “an. act of God” the defendant would not be responsible in damages therefor under the ordinary contract of freight shipment. He alleges in his petition, and relies upon, an oral contract between himself and the-station agent of the defendant at Galesburg, 111., by the terms of which “said car, so to be loaded and so to-be transported, was to go right through, without stops, and . . . should reach Wichita, Kan., not later than the morning of the…

2Cases cited2 opinions

  1. Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
  2. Strohn v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1868

3Cited by3 opinions

  1. Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
  2. Missouri, K. & T. Ry. Co. v. FooteSupreme Court of Oklahoma · 1915
  3. Hull v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1930

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