Oregon Railroad & Navigation Co. v. Thisler

The opinion of the court was delivered by

■ Marshall, J.:

This case was first before this court- in Railroad Co. v. Thisler, 90 Kan. 5, 133 Pac. 539, to which we refer for a full statement of the facts. All questions then presented were disposed of except it was not determined that the rate of $306 on the shipment was legally in force, and the cause, under section 307 of the code of civil procedure, was remanded for a new trial upon the sole question as to whether the $306 rate was, at the time of the shipment, legally in force in accordance with the requirement of the interstate commerce act.…