Long Bell Lumber Co. v. Chicago Burlington & Quincy Railroad

In substance the cause of action alleged in the petition is the conversion by defendant, a common carrier, of a carload of shingles belonging to plaintiff. The answer interposes defenses the nature of which will appear in our statement and discussion of the case. A jury was waived and after hearing the evidence the court rendered judgment for plaintiff and defendant appealed.

Plaintiff is an extensive wholesale and retail, dealer in lumber and one of its retail yards is at Wichita, Kansas. The manager of that yard was not restricted to purchasing lumber from plaintiff’s wholesale department…