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

The opinion of the court was delivered by

Dawson, J.:

On March 1, 1913, A. B. Mollohan shipped eighty steers in three carloads from Belvidere to Peabody over the defendant’s railroad under the usual shipper’s contract on which was noted in writing the words “Wichita Privilege.” These words meant that the shipper would have the privilege of stopping the cattle in Wichita for the purpose of testing the market and of terminating their journey at that point if he decided to sell the cattle there, and if the market was unsatisfactory the shipment should continue to the final destina*52tion set down in…