Southern Kansas Railway Co. v. Cox

SPEER, Associate Justice.

Appellee instituted this suit against appellant to recover damages growing out of the latter’s failure to note on the waybill and shipping contract of a shipment of mules from Panhandle, Texas, to Memphis, Tennessee, that the same were to be unloaded and fed at Fort Scott, Kansas. Appellant answered the suit, pleading specially that the contract was in violation of law and therefore void, and that plaintiff himself was guilty of contributory negligence. The case was tried before a jury and resulted in a verdict and judgment against appellant.

The conclusion which we…