Legal Opinion

Smith v. Findley

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 7 opinions

Error from Ottawa District Court. In April, 1880, A. G. Smith was the agent of the Union Pacific Railway Company at Minneapolis, in this state. David V. Findley had shipped from Bloomington, Indiana, to Minneapolis, via the Union Pacific Railway, on April 12, 1880, a car in which there were two horses and some household goods, and also potatoes, bacon, vinegar, and salt.

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Error from Ottawa District Court. In April, 1880, A. G. Smith was the agent of the Union Pacific Railway Company at Minneapolis, in this state. David V. Findley had shipped from Bloomington, Indiana, to Minneapolis, via the Union Pacific Railway, on April 12, 1880, a car in which there were two horses and some household goods, and also potatoes, bacon, vinegar, and salt. Upon the arrival of the car at Minneapolis, Findley paid $100 freight, $65 of which was for back charges, and $35 for transportation over the Union Pacific Railway from Kansas City, or state line, to Minneapolis. After the…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

These facts appear to be undisputed: On April 7, 1880, David V. Findley chartered a box car from the Louisville, New Albany & Chicago Railway Company, in which to ship two horses and his household goods from Bloomington, Indiana, to Minneapolis, in this state. He *322loaded the car at Bloomington with two horses, some household goods, and the potatoes, bacon, vinegar and salt in controversy. He paid the charges to Greencastle, Indiana, amounting to $23.50, and took a receipt which set forth that the car contained household goods and stock. On…

2Cases cited1 opinion

  1. Union Pacific Railway Co. v. FraySupreme Court of Kansas · 1884

3Cited by7 opinions

  1. Cooper's Mobile Homes, Inc. v. SimmonsWashington Supreme Court · 1980
  2. Illinois Central Railroad v. SeitzIllinois Supreme Court · 1905
  3. Dixie Fire Ins. Co. v. McAdamsCourt of Appeals of Texas · 1950
  4. Peter Schoenhofen Brewing Co. v. MerrionAppellate Court of Illinois · 1896
  5. North German Lloyd v. EltingCourt of Appeals for the Second Circuit · 1938

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