Berg v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from McPherson District Court. Action brought by Berg and another, as partners, against The Railroad Company, to recover $179.50, damages for alleged shortages and loss of wheat. At the April Term, 1883, the court overruled plaintiffs’ demurrer to defendant’s answer, which ruling they bring here. The opinion states the case.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiffs in error, plaintiffs below, were grain merchants at McPherson, Kansas, and shipped over the road of defendant several car-loads of wheat to parties at Chicago, Illinois. Claiming that when the wheat reached Chicago there were certain shortages and loss of wheat, they brought their action against the defendant to recover damages therefor. The defendant answered, setting up certain written contracts, alleging that the wheat was shipped under those contracts, and claiming that under them it contracted simply to transport the wheat…
2Cases cited9 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- Babcock v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1872
- Detroit & Bay City Railway Co. v. McKenzieMichigan Supreme Court · 1880
- Bryan v. Memphis & Paducah RailroadCourt of Appeals of Kentucky · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fremont, Elkhorn & Missouri Valley Railroad v. New York, Chicago & St. Louis RailroadNebraska Supreme Court · 1902
- Atchison, Topeka & Santa Fé Railroad v. RoachSupreme Court of Kansas · 1886
- Eckles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- Hoffman v. Union Pacific Railway Co.Court of Appeals of Kansas · 1899
- Atchison, Topeka & Santa Fé Railroad v. RichardsonSupreme Court of Kansas · 1894
3 more not listed; retrieve them via the Exa API.