George Mark, D/B/A Mark Grain Co. v. Union Pacific Railroad Co.

MURRAH, Circuit Judge.

This is an appeal from a summary judgment denying recovery of damages for the loss of a carload of wheat in the yards of the appellee-carrier by an unprecedented flood. The trial court held under stipulated facts that there was a negligent delay in switching the car from the appellee’s yards to a subsequent carrier, but that the proximate cause of the loss was an act of God — the flood.

On July 6, 1951, the appellant delivered a car of wheat to the appellee at Chapman, Kansas, for transportation to Kansas City, Missouri, consigned to appellant’s agent. The car arrived…