Anderson Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Aen, J.:

This is an appeal from the ruling of the district court of McPherson county sustaining a demurrer to plaintiffs’ evidence in an action to recover for damage to a shipment of cattle by reason of its delay in transit. Evidence showed that plaintiffs ordered eighteen railroad cars for the purpose of shipping eighteen carloads of cattle from Plains, Kan., to Emporia, Kan. The eighteen cars were set in at Plains on December 31, 1946, ready for loading. Plaintiffs loaded ten cars which department for Emporia on December 31. Plaintiffs thereupon…