Fleming, Trustees v. Blubaugh

Plaintiff brought this action to recover damages for the loss of a carload of wheat, purchased for livestock feed, -shipped over defendant’s lines and consigned' to plaintiff at Ed. Kelly switch in Kay county, Okla.

April 1, 1944, a grain elevator at Elwood, Kan., was destroyed by fire. Approximately 300,000 bushels of damaged wheat remained, which was salvaged by the Mid-Continent Grain Company. The wheat so remaining had been damaged and was water-soaked, both by attempts to put out the fire and by exposure to the weather. In selling this grain the Mid-Continent Grain Company ordered open…