Kirby v. Missouri-Kansas-Texas Railroad

The opinion of the court was delivered by

Burch,'J.:

The action was one for damages resulting from delay in transporting live stock to the Kansas City market. Plaintiff recovered, and defendant appeals.

The transportation was interstate, and was governed by federal law. The petition was an old-style, common-law petition for negligent delay. Defendant sought to introduce in evidence the shipping contracts as a part of the cross-examination 'of plaintiff. The *276court held the contracts were matters of defense, and they were not admitted until regularly offered by defendant. Since the petition…