Union Pacific Railway Co. v. Moyer
Supreme Court of Kansas
Error from Cloud District Court. ACTION by Moyer against The Railway Company, to recover for freight burned in the depot of the defendant company. Trial at the November term, 1885, and judgment for plaintiff for $313.80. The Company brings the case here.
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Error from Cloud District Court. ACTION by Moyer against The Railway Company, to recover for freight burned in the depot of the defendant company. Trial at the November term, 1885, and judgment for plaintiff for $313.80. The Company brings the case here. The facts, as shown by the evidence and the special findings of the jury, are substantially as follows: On the 7th day of November, 1884, at Rising Sun, Ohio, plaintiff below, defendant in error, delivered to the Columbus, Toledo & Hocking Valley Railroad Company the two boxes of freight in question, to be shipped over that line and…
1Opinion of the Court
Opinion by
ClogstON, C.:
The plaintiff brought this action to recover the value of two boxes of household goods shipped by him from Rising Sun, Ohio, to Clyde, Kansas. The first question raised by the company is, that whatever its liability may be, it could only be liable as warehouseman, and not as common carrier; and as the court submitted to the jury both questions, it is assigned as error. In this view we are with the plaintiff in error, that whatever its liability is, it is as warehouseman, and not as common carrier. The goods, by the undisputed evidence and findings of the jury, had…
2Cases cited2 opinions
- L. L. & G. Railroad v. MarisSupreme Court of Kansas · 1876
- Kansas City, Fort Scott & Gulf Railroad v. MorrisonSupreme Court of Kansas · 1886
3Cited by4 opinions
- Henry v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
- Hogan Milling Co. v. Union Pacific RailroadSupreme Court of Kansas · 1914
- Kansas Wheat Growers Ass'n v. Farmers Elevator Co.Supreme Court of Kansas · 1928
- Schaff v. RoachSupreme Court of Oklahoma · 1925