L. A. Watkins Merchandise Co. v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by the L. A. Watkins Merchandise Company to recover damages from the Missouri, Kansas & Texas Railway Company for the loss of coal tar which the railway company undertook to transport from Emporia, Kan., to Denver, Colo. The tar was lost after it had been loaded in a car and intrusted to the railway company for shipment. On the first trial of the case the district court directed a verdict in favor of the plaintiff, but upon an appeal to this court it was held that there was testi*309mony to be weighed and disputes to be…