Hollicke v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Mason, J.:

J. F. Hollicke sued the Missouri Pacific Railway Company for its failure to deliver two boxes of goods out of a shipment of nineteen, made from Bison to Sedgwick. He recovered a judgment, from which the defendant appeals.

1. The failure to deliver the two boxes at Sedgwick was admitted, but the company maintains that they were delivered at Wichita, together with a shipment of six other boxes made by the plaintiff to that point from Bison at the same time. That *262eight boxes were delivered at Wichita seems established, but the plaintiff insists…